A  REPORT 


ON  THE 


EFFECT  OF  THE  INTERNATIONAL  COPYRIGHT 
LAW  IN  THE  UNITED  STATES. 


MADE  IX  COMPLIANCE  WITH  THE  RESOLUTION  OF  THE 
UNITED  STATES  SENATE  OF  JANUARY  23,  1900. 


BY 


CARROLL  D.  WRIGHT, 

COMMISSIONER  OF  LABOR. 


WASHINGTON: 

GOVERNMENT    PKINTING   OFFICE. 
1901. 


A  REPORT 


ON  THE 


EFFECT  OF  THE  INTERNATIONAL  COPYRIGHT 
LAW  IN  THE  UNITED  STATES. 


MADE  IN  COMPLIANCE  WITH  THE  RESOLUTION  OF  THE 
UNITED  STATES  SENATE  OF  JANUARY  23,  1900. 


BY 


CARROLL  D.  WRIGHT, 

COMMISSIONER  OF  LABOR. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1901. 


1 


LETTER   OF   TRAN  SMITTAL. 


DEPARTMENT  OF  LABOR, 

,  I).  C.,  January  12, 1901. 
SIR:  In  accordance  with  a  resolution  of  the  United  States  Senate 
adopted  January  23,  1900,  I  have  the  honor  to  transmit  herewith  a 
report  upon  The  Effect  of  the  International  Copyright  Law  in  the 
United  States. 

I  am,  very  respectfully,  your  obedient  servant, 

CARROLL  D.  WRIGHT, 

Commissioner. 
Hon.  WILLIAM  P.  FRYE, 

President  pro  tempore,  United  States  Senate. 

3 


4940 


EFFECT    OF    THE    INTERNATIONAL    COPYRIGHT    LAW    IN    THE 

UNITED  STATES,  (a) 

The  United  States  Senate,  on  Januaiy  23.  1900.  considered  and 
adopted  the  following  resolution: 

Resolved,  That  the  Commissioner  of  Labor  be,  and  is  hereby, 
directed  to  investigate  the  effect  upon  labor,  production,  and  wages 
of  the  international  copyright  act  approved  March  third,  eighteen 
hundred  and  ninety-one,  and  report  the  results  of  his  inquiries  to  the 
Senate,  or  through  the  Bulletin  of  the  Department  of  Labor:  Provided, 
That  the  investigation  hereby  authorized  shall  be  carried  out  under 
the  regular  appropriations  made  for  the  Department  of  Labor. 

The  act  of  March  3, 1891,  referred  to  in  the  Senate  resolution,  took 
effect  July  1,  1891,  and  amended  the  then  existing  copyright  law  as 
embodied  in  the  Revised  Statutes  of  the  United  States,  Title  LX,  chap- 
ter 3,  sections  4948  to  4971,  inclusive,  by  removing  from  section  4952 
the  restriction  under  which  the  "sole  liberty  of  printing,  reprinting, 
publishing,  completing,  copying,  executing,  finishing,  and  vending" 
literary  or  artistic  productions  was  limited  to  citizens  of  the  United 
States  or  residents  therein  who  should  be  "the  author,  inventor, 
designer,  or  proprietor1'  of  any  such  production  and  should  comply 
with  the  provisions  of  the  chapter.  The  act  also  amended  sections 
4954,  4956,  4958,  4959,  4963,  4964,  4965,  and  4967  of  the  copyright  law 
as  contained  in  the  Revised  Statutes,  repealed  section  4971  thereof, 
and  prescribed  the  conditions  under  which  citizens  or  subjects  of  for- 
eign states  or  nations  should  be  permitted  to  avail  themselves  of  the 
privilege  of  copyright  in  the  United  States. 

As  the  act  of  March  3,  1891,  was  amendatory,  and  as,  since  its  date, 
certain  other  legislation  has  been  enacted  by  Congress  affecting  copy- 
right, (V)  it  is  deemed  advisable  to  publish  the  full  text  of  the  copy- 
right law  as  it  now  stands,  in  order  that  a  full  and  clear  understand- 
ing may  be  had  of  what  is  known  as  the  "international  copyright 
law"  and  its  relation  to  and  connection  with  the  general  law.  This 
law  will  be  found  in  the  appendix  which  follows  the  report. 

The  salient  features  of  the  law,  so  far  as  international  copyright  is 
concerned,  are,  first,  that  all  copyrighted  books,  photographs,  chromos, 

a  The  valuable  services  of  Mr.  Victor  H.  Olmsted,  of  the  Department  of  Labor,  in 
collecting  and  arranging  the  material  for  this  report,  are  gratefully  acknowledged. — 
C.  D.  W. 

b  Acts  approved  March  3,  1893;  March  2,  1895;  January  6, 1897;  February  19,  1897; 
and  March  3,  1897. 

5 


6       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

or  lithographs  must  be  manufactured  wholly  within  the  United  States, 
whether  they  are  the  work  of  residents  or  nonresidents;  second,  that 
no  foreigner  can  secure  an  American  copyright  unless  the  country  of 
which  he  is  a  citizen  shall  concede  to  American  citizens  copyright 
privileges  substantially  equal  to  those  conceded  to  its  own  citizens; 
third,  it  is  made  a  condition  that  the  works  of  either  Americans  or 
foreigners  for  which  American  copyright  is  secured  shall  be  published 
in  the  United  States  ;not  later  than  the  date  of  their  publication  in  any 
other  country,  the  result  of  which  is,  as  to  the  productions  of  English 
authors,  that  their',  w.qr'ks  must  be  published  simultaneously  on  both 
sides  of  the  Atlantic,  as  the  copyright  law  of  Great  Britain  requires 
that  the  cop}^righted  works  of  British  authors  be  published  in  that 
country  not  later  than  the  date  of  their  publication  in  any  other 
country. 

The  clause  requiring  the  manufacture  in  the  United  States  of  copy- 
righted works  was  adopted  at  the  instance  of  the  typographical 
unions,  and  is  the  feature  of  the  law  directly  affecting  "labor,  pro- 
duction, and  wages,"  as  far  as  the  purely  mechanical  part  of  produc- 
tion is  concerned.  As  to  the  labor  of  authors  or  artists,  the  quantity 
and  quality  of  their  productions,  and  the  compensation  gained  by 
them,  these  are  matters  upon  which  the  entire  law  has  a  bearing,  and 
which,  as  they  are  beneficially  or  detrimentally  affected,  indirectly 
affect  the  labor,  production,  and  wages  of  printers,  stereotypers, 
bookbinders,  pressmen,  and  other  American  craftsmen  engaged  in  the 
various  steps  and  processes  through  which  every  copyrighted  work 
must  pass  after  leaving  the  hands  of  its  originators  before  it  reaches 
those  of  the  public. 

In  order  to  secure  data  upon  which  to  base  a  report  in  compliance 
with  the  Senate  resolution,  the  representatives  and  officials  of  the 
International  Typographical  Union  in  several  of  the  principal  cities  of 
the  United  States  were  called  upon,  and  requested  to  furnish  such 
information  as  they  possessed  relative  to  the  operation  and  effect  of 
the  law;  similar  requests  were  made  of  the  larger  printing  establish- 
ments, and  of  the  leading  publishers  of  the  country.  These  inquiries 
could  not  be  definitely  answered  in  such  a  way  as  to  enable  any  sta- 
tistical presentation  to  be  made,  and  the  only  available  statistics  bear- 
ing upon  the  subject  have  been  secured  from  the  records  of  the  Con- 
gressional Library  and  the  United  States  Treasury  Department, 
through  the  courtesy  of  the  Register  of  Copyrights  and  the  Auditor 
for  the  State  and  other  Departments. 

The  statistics,  secured  as  above  indicated,  immediately  follow,  and 
show  the  number  of  copyright  entries  from  July  10,  1870  (on  which 
date  the  first  entry  under  the  jurisdiction  of  the  Library  of  Congress 
was  made),  to  December  31,  1900,  by  calendar  years,  and  the  amounts 
received  from  fees  under  the  copyright  law  during  the  same  period, 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       7 


by  fiscal  years;  the  number  of  entries  of  foreign  and  of  American  pro- 
ductions, by  calendar  years,  from  July  1,  1895,  to  December  31,  1900, 
and  the  fees  received  for  such  entries;  and  the  total  number  of  each 
separate  class  of  copyright  articles  deposited  during  each  of  the  fiscal 
years  ending  June  30,  1898,  1899,  and  1900.  Information  as  to  the 
number  of  entries  of  foreign  and  of  American  productions  prior  to 
July  1,  1895,  and  as  to  the  different  classes  of  copyright  articles  prior 
to  July  1,  1897,  is  not  obtainable. 

Reference  to  the  table  which  immediately  follows,  relating  to  the 
number  of  copyright  entries  and  amount  of  fees  received  from  1870  to 
1900,  will  show  the  effect  of  the  law  so  far  as  an  increase  in  the  num- 
ber of  entries  is  concerned.  The  year  1890  (that  immediately  pre- 
ceding the  passage  of  the  act)  shows  an  increase  of  but  1,813  entries 
over  the  number  for  1889,  while  the  year  1891  shows  an  increase  over 
1890  of  6,119  entries,  although  the  act  did  not  become  operative  until 
July  1  of  this  year.  This  rate  of  increase  in  the  number  of  entries 
has  not  kept  up  steadily  in  all  of  the  succeeding  years,  owing  possibly 
to  business  depression,  but  in  every  year  a  considerable  increase  in 
the  number  of  entries  is  shown,  the  increase  in  1899  over  1898  being 
almost  10,000  entries,  and  that  of  1900  over  1899  being  almost  11,500. 
In  considering  these  figures,  however,  it  should  be  remembered  that, 
while  much  of  the  increase  ma3r  be  a  direct  effect  of  the  passage  of 
the  law,  a  part  of  it  is  undoubtedly  due  to  the  natural  growth  of  the 
printing  and  publishing  business  itself,  and  to  other  causes. 

NUMBER  OF  COPYRIGHT  ENTRIES  AND  AMOUNT  OF  FEES  RECEIVED  UNDER  THE  COPY- 
RIGHT LAW  FROM  JULY  10,  1870,  to  DEC.  31,  1900. 


Year. 

Entries  (by 
calendar 
years). 

Fees  (by 
years  end- 
ing June  30). 

Year. 

En  tries  (by 
calendar 
years). 

Fees  (by 
years  end- 
ing June  30). 

1870  a 

5,600 

1887  

35,084 

$22,595.00 

1871 

12,  831 

$7,  280.  oi 

1888  

38,288 

15,832.00 

1872  

14,  180 

11,673.16 

1889  

40,985 

24,239.17 

1873 

15,648 

12,  317.  39 

1890  

42,  798 

27,577.99 

1874 

16,206 

14,  413.  91 

1891  

48,  917 

44,  277.  88 

1875      

14,  197 

12,  426.  64 

1892  

54,747 

42,569.12 

1876 

14  883 

12  495  00 

1893      

58,973 

46,  592.  33 

1877 

15,758 

12,  362.  00 

1894  

62,803 

47,  805.  71 

1878        

15,  799 

13,113.00 

1895  

67,  614 

49,917.00 

1879 

18  125 

13  413  00 

1896       .     . 

72,645 

54,552.45 

1880 

20,687 

15,  353.  40 

1897  

74,300 

55,285.15 

1881. 

21,085 

17,834.46 

1898  

76,  874 

55,926.50 

1882  

22,929 

15,753.04 

1899  

86,492 

58,267.00 

1883 

25  204 

14  411.00 

1900  

97,967 

65,199.00 

1884  ... 

26,  895 

7,280.00 

630,468.50 

1885 

28  411 

15  500  00 

1886 

31  241 

25  143  00 

Total  

1,  178,  166 

c  861,  873.  81 

a  From  July  10. 
b  From  July  1  to  Dec.  31,  1900. 

c  Not  including  $2,952  received  prior  to  Dec.  31, 1896,  the  years  during  which  it  was  received  not 
being  specified. 


8       INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 


NUMBER  o?  COPYRIGHT  ENTRIES  OP  FOREIGN  AND  OP  AMERICAN  PRODUCTIONS  AND 
AMOUNT  OP  FEES  RECEIVED  THEREFOR,  BY  CALENDAR  YEARS,  FROM  JULY  1,  1895. 
TO  DEC.  31,  1900. 


Year. 

Entries  of  foreign 
productions. 

Entries  of  American 
productions. 

Total. 

Number. 

Fees  there- 
for— f  1  per 
entry. 

Number. 

Fees  there- 
for— 50 
cents  per 
entry. 

Number. 

Fees  for 
entries. 

1895  a... 

3,910 

8,674 
b  7,  894 
7,779 
8,122 

8,478 

$3,  910.  00 
8,  674.  00 
67,894.00 
7,  779.  00 
8,  122.  00 
8,  478.  00 

28,240 
63,971 
b  66,  406 
69,  095 
78,  370 
89,  489 

$14,  120.  00 
31,985.50 
b  33,  203.  00 
34,547.50 
39,  185.  00 
44,  744.  50 

32,150 
72,  645 
6  74,  300 
76,  874 
86,492 
97,967 

$18,030.00 
40,659.50 
541,097.00 
42,  326.  50 
47,  307.  00 
53,  222.  50 

18%  

1897  

1898  

1899  

1900  

a  From  July  1. 


b  Partly  estimated. 


ARTICLES  DEPOSITED  AT  THE  COPYRIGHT  OFFICE,  LIBRARY  OF  CONGRESS,  DURING  THE 
FISCAL  YEARS  1897-98,  1898-99,  1899-1900. 


Articles. 

1897-98. 

1898-99. 

1899-1900. 

1.  Books: 
(a)  Books  proper  (volumes)  

5,575 

5,834 

6,550 

(b)  Miscellaneous  articles  entered  under  the  term  "  book  "  as 
used  in  the  copyright  law,  e.  g.,  circulars,  leaflets,  etc.. 
(c)   Newspapers  and  magazine  articles  

4,698 
3,262 

4,196 

5,185 

5.  073 
8,851 

2.  Dramatic  compositions  

391 

507 

561 

3.  Periodicals  (numbers)  

13,  726 

9,777 

14,  147 

4.  Musical  compositions  

17,217 

19,976 

16,  505 

5.  Maps  and  charts  

1,296 

1,478 

1,353 

6.  Engravings,  cuts,  and  prints  
7.  Chromos  and  lithographs  

2,912 
747 

3,  505 
1,050 

3,503 
1,267 

8.  Photographs  

5,777 

7,695 

12,  115 

9.  Miscellaneous  (unclassified  articles) 

375 

14 

Total  

55,  976 

59,  217 

69,  915 

Two  copies  of  each  article  were  received 

111,952 

118,  434 

139,830 

9a.  Photographs  with  titles  of  works  of  art  for  identification,  one 
copy  each  

853 

1,709 

1,614 

Grand  total  .     . 

112,805 

120,  143 

141,  444 

It  having  become  apparent,  as  the  investigation  ordered  by  the  Sen- 
ate progressed,  that  definite  detailed  statistical  information  of  the 
character  contemplated  by  the  resolution  could  not  be  secured,  the 
opinions  of  those  qualified  to  speak  in  a  general  way  as  to  the  effects 
of  the  law  were  sought,  and  questions  were  formulated  and  propounded 
to  prominent  gentlemen  connected  with  the  printing  and  allied  trades 
unions,  to  the  managers  of  printing  establishments,  and  to  the  prin- 
cipal publishing  concerns  throughout  the  country.  These  inquiries 
were  designed  to  bring  out  the  views  of  the  persons  and  establish- 
ments to  whom  they  were  submitted  regarding  the  general  results  of 
the  law  as  affecting  labor,  production,  and  wages,  and  were  as  follows: 

1.  Has  the  international  copyright  law  been  detrimental  or  bene- 
ficial to — 

a.  Publishers  or  book  manufacturers  1 

I.  Compositors,  pressmen,  bookbinders,  and  employees  generally? 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       9 

c.  American  authors? 

d.  Foreign  authors? 

e.  The  book-purchasing  public? 

2.  In  what  respects  has  the  law  been  detrimental  or  beneficial  to  each 
of  the  above-mentioned  classes? 

3.  Has  the  effect  of  the  law  been  to  increase  or  to  reduce  the  selling 
price  of  books?     About  how  much  per  cent? 

4.  Was  "pirac3T,"  as  practiced  prior  to  the  enactment  of  the  inter- 
national copyright  law,  beneficial  or  injurious  to  printers  or  publishers? 

5.  Do  American  and  European  publishers  exchange  stereotype  plates, 
or  are  European  plates  used  to  any  extent  in  the  production  of  books 
in  America? 

6.  What  is  your  general  opinion  as  to  the  operation  and  effect  of  the 
international  copyright  law? 

7.  In  what  respects  do  you  think  the  la\v  in  question  should  be 
amended  or  changed  ? 

Prominent  members  of  the  International  Typographical  Union  in 
several  principal  cities  were  personally  interviewed  and  requested  to 
submit  facts  and  their  views  in  response  to  the  above  inquiries;  but 
the  efforts  to  secure  facts  and  such  expression  were  unsuccessful 
beyond  verbal  statements,  by  some  of  them,  that  in  their  opinion  the 
law  has  been  of  no  real  benefit  to  printers  or  allied  craftsmen;  that 
the  "manufacturing  clause1'  of  the  law,  requiring  copyrighted  works 
of  foreign  authors  to  be  printed  from  type  set,  or  from  plates  made 
from  t3rpe  set  in  the  United  States,  is  violated  to  a  considerable  extent 
by  the  fraudulent  importation  from  Europe  of  stereotype  plates,  which 
are  used  for  the  printing  of  such  works  in  the  United  States;  and  that 
the  effect  of  the  law  is  to  confine  the  labor  of  production  of  each  copy- 
righted work  to  the  employees  of  the  single  establishment  to  whom 
the  monopoly  of  publication  is  secured  under  the  law,  whereas,  were 
it  not  for  the  law,  the  works  of  many  foreign  authors  would  be  pub- 
lished by  several  different  establishments,  thus  giving  employment  to 
a  largely  increased  number  of  operatives. 

Effort  was  made  to  secure  definite  statements  giving  instances  of 
violation  of  the  "manufacturing  clause,"  but  none  could  be  obtained, 
and  no  expression  of  views  beyond  verbal  ones,  as  above  outlined, 
could  be  secured. 

The  prosecution  of  the  inquiries  among  publish ers,  book  manufac- 
turers, and  large  printing  establishments  was,  however,  measurably 
successful,  and  resulted  in  a  considerable  number  of  carefully  prepared, 
thoughtful  responses,  both  in  support  of,  and  adverse  to  the  law.  A 
large  majority  of  the  establishments  interviewed,  from  whom  opinions 
were  secured,  heartily  favor  the  law,  believing  it  to  be  highly  benefi- 
cial in  its  general  operation  and  effect;  though  some  of  them  criticise 
certain  of  its  features,  and  express  their  views  as  to  amendments  of  the 


10       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

law  that  in  their  opinions  are  desirable.  On  the  other  hand,  a  com- 
paratively small  but  highly  respectable  number  of  establishments  are 
utterly  opposed  to  the  law,  believing  it  to  be  pernicious  in  practice 
and  wrong  in  principle,  and  they  have  freely  expressed  their  opinions 
and  the  reasons  upon  which  they  are  based. 

In  all  TO  establishments  availed  themselves  of  the  opportunity 
afforded  by  the  investigation  to  express  their  views  in  regard  to  the 
law.  Of  these,  55  establishments  regard  the  law  and  its  results  more 
or  less  favorably,  while  15  look  upon  it  as  detrimental  in  every  way. 
Perusal  of  the  opinions  of  these  establishments  shows  that,  whether 
favorable  or  adverse  to  the  law,  as  a  rule  they  favor  certain  changes 
therein,  the  principal  ones  of  which  may  be  briefly  summarized  as 
follows: 

First.  It  is  believed  by  many  publishers  that  the  "manufacturing 
clause."  requiring  the  manufacture  wholly  within  the  United  States  of 
copyrighted  books,  photographs,  chromos,  or  lithographs,  whether  the 
work  of  residents  or  nonresidents,  should  be  abrogated. 

Second.  That  the  requirement  of  publication  of  copyrighted  works 
in  the  United  States  not  later  than  the  date  of  their  publication  in  any 
other  country  (which  has  the  effect  of  requiring  simultaneous  publica- 
tion on  both  sides  of  the  Atlantic  of  the  works  of  English  authors) 
should  be  Changed  so  as  to  allow  a  reasonable  time  to  elapse  between 
publication  abroad  and  at  home. 

Third.  That  the  term  of  existence  of  copyright  should  be  extended 
beyond  the  limited  period  now  granted. 

Fourth.  That  the  publication  in  the  United  States  of  unauthorized 
translations  of  copyrighted  works  of  foreigners  other  than  English 
should  be  prohibited. 

The  statements  submitted  by  the  proprietors  of  establishments  and 
others  follow,  those  sustaining  the  law  being  presented  first: 

OPINIONS    SUBMITTED   BY  PUBLISHERS  AND   OTHERS   FAVORA- 
BLE TO  THE  INTERNATIONAL  COPYRIGHT  LAW. 

1.  J.  Q.  Adams  &  Co.,  Boston,  Mass.: 

"We  beg  leave  to  say  that  we  believe  the  international  copyright 
law  has  been  beneficial  both  to  the  publishers  and  the  book  manufac- 
turers, and  also  to  the  book  buyers,  because  it  protects  the  interests  of 
the  author  and  publisher,  who  must  be  paid  or  they  can  not  furnish 
literary  food  to  the  people. 

"We  also  believe  that  a  copyright  law  should  be  perpetual.  For 
instance,  the  copyright  on  Webster's  International  Dictionary,  dated 
1847,  expired  in  1890,  and  although  that  work  lay  dead  under  a  copy- 
right from  1864  (when  a  revised  dictionary  was  brought  out),  yet  the 
book  was  reproduced  in  1890  from  gelatine  plates,  and  the  market  was 
flooded  to  the  detriment  of  book  buyers  who  would  not  have  pur- 
chased the  work  had  they  understood  that  it  was  a  reprint  of  a  book 
over  40  years  old  and  26  years  had  laid  dead. 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       11 

"We  believe  the  piracy  as 'practiced  prior  to  the  enactment  of  the 
present  law  was,  on  the  whole,  injurious  to  publishers.  While  it  was  a 
benefit  to  the  smaller  houses,  it  was  a  downright  injury  to  the  larger 
houses." 

2.  Dt.  C.  Heath  &  Co.,  Boston,  Ma**.: 

''First,  the  international  copyright  law  as  it  stands  has  not  been 
detrimental  to  the  book  manufacturers,  though  it  should  have  been 
somewhat  so,  for  a  few  manufacturers  should  not,  in  my  judgment, 
be  helped  at  the  expense  of  the  great  mass  of  readers,  who  should 
have  their  books  at  the  lowest  price  at  which  they  can  be  made,  and 
of  course  they  can  be  made  at  a  lower  price  than  our  manufacturers 
here  charge  for  them.  When  a  book  has  once  been  set  in  England  it 
costs  much  less  to  make  a  duplicate  set  of  plates  for  use  in  this  country 
than  would  the  resetting  and  electrotyping  of  the  same  books,  which 
is  now  demanded  under  the  international  copyright  law,  and  which 
makes  the  price  of  the  book  here  correspondingly  high.  Thousands 
of  readers  on  the  average  are  thus  compelled  to  pay  tribute  to  one 
printer.  As  to  the  publishers,  they  may  have  been  benefited,  for  the 
reason  that  so  many  books  have  not  appeared  here  under  this  extra 
cost  of  production  as  would  have  appeared  had  the  international 
copyright  law  allowed  the  copyrighting  here  of  books  manufactured 
abroad.  Still,  while  some  publishers  have  benefited  by  it,  others  have 
perhaps  been  slight!}'  injured,  for  the  reason  that  they  have  not  pub- 
lished books  that  would  have  been  published  and  possibly  some  money 
made  on  them  had  the  publisher  been  allowed  to  import  plates  and 
receive  copyright  protection  for  books  printed  from  them. 

"Second.  Compositors,  bookbinders,  pressmen,  and  employees  gen- 
erally have  been  benefited  perhaps  by  getting  employment  when 
otherwise  they  might  not  have  had  any:  but  I  think  the  increase  of 
work  caused  by  resetting  here  English  books  has  not  brought  into 
employment  many  more  people  than  was  formerh7  the  case.  '  Nor  do 
I  think  that  the  wages  of  these  employees  have  been  increased  in  con- 
sequence of  the  international  copyright  law. 

"Third.  I  can  not  believe  that  this  law  has  worked  distinctly  to  the 
benefit  or  detriment  of  our  authors.  It  certainly  has  not  in  the  school- 
book  line.  1  think  foreign  authors,  however,  have  been  benefited  by 
the  obtaining  of  royalty  on  books  on  which  otherwise  they  would  have 
been  paid  no  royalty.  Here  again,  however,  our  own  business  does 
not  show  that  the  law  has  made  any  difference  with  the  foreign  author, 
for  we  paid  him  royaltj"  just  the  same  before  the  law  was  passed  as 
since. 

"Fourth.  The  book-purchasing  public,  as  1  have  suggested  under 
No.  1,  has  been  obliged  to  pay  more  for  its  books  than  would  other- 
wise have  been  the  case,  and  hence  both  the  paj'ing  of  royalty  and  the 
manufacturing  of  foreign  books  in  this  country  has  been  detrimental 


12       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

to  the  public,  and  yet,  while  I  hold  that  the  royalty  to  the  author 
should  be  given  under  any  circumstances,  the  extra  payment  for  manu- 
facturing should  not  hold,  as  I  have  suggested. 

"Fifth.  The  law  has  naturally  increased  somewhat  the  selling  price 
of  books,  and  I  should  suppose  not  far  from  5  to  10  per  cent. 

"Sixth.  Piracy,  which  was  practiced  prior  to  the  enactment  of  the 
present  law,  was  an  advantage  to  pressmen,  but  not  to  typesetters.  It 
was  of  advantage  to  certain  publishers  who  live  on  reprints  that  pay  no 
royalties,  and  perhaps  a  disadvantage  to  publishers  who  pay  royalties. 

"Seventh.  American  publishers  do  buy  plates  of  English  publish- 
ers, and  the  converse.  This  is  not  an  exchange  of  plates,  but  is  an 
outright  purchase  in  both  cases.  However,  there  may  be  such  a  thing 
as  the  exchange  of  plates,  or  the  loaning  of  plates,  but  I  know  of  noth- 
ing of  the  kind.  We  buy  plates  of  English  publishers,  and  they  buy 
plates  of  us;  but  of  course  such  books  can  not  be  copyrighted  under 
the  present  law,  as  they  should  be,  and  one  has  to  run  his  risk  in  such 
cases. 

"Eighth.  The  general  effect  of  the  international  copyright  law  has 
been  to  create  a  confidence  in  us  on  the  part  of  foreign  authors  and 
publishers  which  heretofore  they  did  not  and  could  not  hold.  This 
was  very  evident  at  the  recent  Publishers'  Congress  in  London,  but  it 
was  also  evident  that  the  Publishers'  Congress  thought  that  it  should 
be  'the  aim  of  each  government  to  provide  for  the  renewal  of  the 
treaties  with  the  United  States  of  America,-so  that  the  great  Republic 
would  grant  for  foreign  works  as  regards  the  manner  of  deposit  and 
home  manufacture,  effective  parity  of  treatment.  Should  it  not  be 
possible  to  obtain  the  adhesion  of  the  United  States  of  America  to  the 
Berne  Union  ? ' 

"1  think  the  international  copyright  law  should  be  amended  so  that 
foreign  books  can  be  copyrighted  here,  even  if  the  type  is  not  set  here 
nor  the  electrotype  plates  made  here.  This  is  a  matter  which  should 
not  be  mixed  up  with  tariff  laws,  it  seems  to  me,  else  there  should  be 
a  tariff  on  the  capital  which  comes  over  here  from  England  to  be 
invested  in  ranches  or  anything  else.  A  foreign  author's  book  is  his 
capital,  and  we  should  not  hinder  its  investment,  since  it  does  not 
interfere  seriously  with  anybody,  and  does,  as  in  the  case  of  all  good 
books,  help  us  beyond  all  money  valuation." 

3.   Iloughton,  Miffiin  &  Co.,  Boston,  Maw.: 

"First,  we  believe  that  the  adoption  of  the  law  by  which  American 
authors  are  enabled  to  obtain  copyright  in  England,  and  English 
authors  in  America,  has  been  decidedly  beneficial  alike  to  authors,  pub- 
lishers, and  book  manufacturers,  and  this  because,  to  begin  with,  it 
was  inherently  just,  and  what  is  just  ought  not  and  can  not  be  detri- 
mental to  anyone.  The  author,  instead  of  being  compelled  to  take 
what  he  must  on  a  work,  owing  to  the  liability  of  uncompensated 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       13 

appropriation  by  unscrupulous  publishers,  is  now  able  to  make  his 
own  terms,  and  secure  a  liberal  return  for  his  labors,  and  the  publisher 
has  the  satisfaction  of  knowing*  that  he  will  not  have  to  compete  with 
unauthorized  reprints,  and  so  is  able  to  make  and  develop  his  plans 
with  far  greater  confidence  and  assurance  than  formerly.  As  for 
compositors,  bookbinders,  and  employees  of  book-manufacturing 
establishments  generally,  they  have  certainly  not  suffered  by  the 
passage  of  the  law,  and  the  clause  by  which  a  book  must  be  set  up 
and  printed  in  this  country  in  order  to  secure  copyright  has  undoubt- 
edly insured  to  them  a  certain  amount  of  work  which  they  might  not 
otherwise  have  had.  there  having  been  a  good  many  instances  in  which 
English  publishers  have  had  plates  made  in  this  country  in  order  to 
secure  American  copyright,  and  subsequently  imported  a  duplicate  set 
for  their  own  use  in  Great  Britain. 

"So  far  as  American  authors  are  concerned,  they  were  able  by  one 
or  two  devices,  of  which  they  took  technical  advantage  to  a  greater  or 
less  extent,  to  prevent  piracy  before  the  passage  of  the  international 
law,  but  it  has  undoubtedly  been  more  satisfactory  to  have  their  rights 
defined  and  secured  as  they  have  been  under  the  terms  of  the  inter- 
national copyright  law  of  1891. 

"From  our  standard  as  publishers,  we  think  that  the  adoption  of 
the  law  has  also  been  a  good  thing  for  the  book-purchasing  public; 
good  for  their  morals,  in  that  they  are  not  tempted  to  purchase  a  book 
published  in  disregard  of  the  author's  rights;  good  for  their  taste,  in 
that  they  are  now  more  likely  to  get  worthier  pieces  of  book  making; 
in  short,  a  nicer  article  in  every  way. 

"  It  is  less  easy  to  answer  the  question  whether  the  law  has  increased 
or  reduced  the  selling  price  of  books,  as  examples  might  be  adduced 
in  favor  of  either  theory;  but  of  course  a  protected  article  naturally 
commands  a  better  and  surer  price  than  an  unprotected  one;  and  so, 
undoubtedly,  the  public  have  paid  a  higher  price  on  the  average  for 
a  cop3Trighted  book  than  for  an  uncopy righted  one.  Latterly  the 
tendency  has  been  toward  higher  prices  for  works  of  fiction;  but  that 
is  true  of  books  by  American  authors  no  less  than  those  by  English 
ones,  one  factor  being  that  the  royalties  paid  to  the  authors  have  much 
increased  in  recent  years  over  those  which  formerly  prevailed,  and 
this  in  turn  has  been  due  to  the  great  increase  in  the  number  of  peri- 
odicals and  publishing  houses  in  the  last  10  years  and  the  wider  market 
and  sharper  competition  for  the  works  of  successful  authors.  All  this, 
however,  is  far  better  than  the  piracy  practiced  prior  to  the  enact- 
ment of  the  present  law,  as  honesty  is  always  better  than  dishonesty. 

'  'As  we  have  already  said,  English  publishers  have  undoubtedly  had 
a  good  many  plates  made  in  this  country  since  the  law  went  into  effect 
which  would  otherwise  have  been  made  in  England,  and  the  fact  that 
an  American  publisher  can  not  secure  copyright  if  he  imports  English 


14       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

plates  instead  of  setting  up  the  book  here  has  unquestionably  operated 
against  bringing  English  plates  over  here. 

"If  the  international  copyright  act  were  to  be  amended  in  any 
respect,  we  should  favor  a  modification  of  the  clause  which  now 
requires  simultaneous  publication  in  order  to  secure  copyright,  as  this 
often  subjects  the  publisher  on  one  side  or  the  other  to  considerable 
inconvenience.  The  publishing  seasons  in  the  two  countries  vaiy  con- 
siderably, and  a  book  is  frequently  issued  in  London  in  the  late 
spring  and  early  summer  which  could  be  brought  out  here  to  better 
advantage  in  the  fall.  We  think,  therefore,  it  would  be  decidedly 
advantageous  to  author  and  publisher,  and  certainly  no  disadvantage 
to  anyone  else,  if  a  term  of  six  months  after  publication  in  one  country 
should  be  allowed  for  its  publication  in  the  other  without  detriment 
to  copyright. 

"  Finally,  we  think  it  would  be  a  decided  improvement  if  instead  of 
making  the  author's  copyright  in  two  terms  of  28  and  14  years,  respec- 
tively, with  a  liability  of  losing  the  latter,  the  copyright  should  be 
made  a  single  term  of  50  years,  or  during  the  lifetime  of  the  author  if 
he  should  survive  more  than  a  half  century  from  the  date  of  the  first 
publication  of  his  book." 

4.  Lee  <&  Shepard,  Boston,  Max*. : 

"  We  would  say  that  we  have  always  been  an  American  publishing 
house;  that  since  1861,  when  this  firm  was  established,  we  have  pub- 
lished over  1,600  different  copyrighted  books  by  American  authors, 
and  almost  nothing  by  foreign  authors;  and  that  since  1882  we  have 
not  purchased  a  single  set  of  plates  from  abroad.  We  have  not, 
therefore,  made  as  much  of  a  study  of  the  subject  as  we  feel  we 
should  have  to  properly  answer  your  questions,  and  anything  that  we 
may  say  can  be  only  impressions  and  opinions,  nothing  based  on  our 
own  experience  in  the  matter,  as  we  are  not  directly  interested  except 
so  far  as  a  law  beneficial  to  a  portion  of  the  publishers  and  authors  is 
indirectly  of  benefit  to  all.  We  have  paid  several  hundred  thousand 
dollars  to  American  authors  for  copyrights,  but  not  a  dollar  to  any 
foreign  author. 

;'  1.  It  is  our  opinion  that  it  has  been  beneficial,  as  it  has  prevented 
the  importation  of  duplicate  sets  of  plates  of  the  more  recent  English 
books,  and  reprinting  without  compensation,  and  has  enabled  the 
American  author  and  publisher  to  compete.  The  very  large  number 
of  certain  recent  books  by  American  authors  sold  is,  in  our  opinion, 
largely  due  to  the  effects  of  the  international  copyright  law,  as  it  puts 
both  the  author  and  publisher  on  an  equal  footing  with  the  foreign. 

"  2.  Think  it  has  benefited  compositors  and  bookbinders,  but  we 
are  doubtful  in  regard  to  the  printers,  for  reasons  stated  in  paragraph 
No.  7. 

"  3.  Undoubtedly  the  law  has  been  beneficial  to  authors,  both  Amer- 
ican and  foreign. 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       15 

"4.  It  is  our  opinion  that  there  has  never  been  a  time  when  the 
book-purchasing  public  could  buy  so  many  good  books  for  as  little 
money  as  the  present.  Whether  this  is  due  to  the  law,  or  competition 
among  publishers,  printers,  and  manufacturers  of  the  different  mate- 
rials used  in  book  making,  we  are  not  prepared  to  state. 

"5.  Price  has  been  reduced  in  the  past  eight  years,  but  it  is  our 
impression  that  this  has  been  due  to  competition. 

"6.  We  never  considered  piracy  beneficial  to  anybody,  and  think 
that  the  failures  among  the  publishers  and  printers  have  been  largely 
among  the  'pirates.' 

"  7.  It  is  our  opinion  that  the  American  publisher  now  exchanges  his 
plates  for  editions  with  the  European  publishers;  that  while  more 
foreign  books  are  'set  up'  in  this  country  than  formerly,  when  the 
publisher  could  buy  duplicate  plates,  less  are  printed,  as  the  publisher 
buys  editions  in  sheets,  as  he  can  not  afford  to  'set  up'  unless  assured 
of  a  large  sale;  that  while  the  compositor  may  gain,  the  printer  and 
paper  maker  lose. 

"8.  We  do  not  feel  competent  to  discuss  the  general  operation  and 
effect  of  the  law,  for  reasons  already  stated.  It  is  simply  our  impres- 
sion that  it  has  been  beneficial  on  the  whole,  and  we  are  satisfied,  hav- 
ing no  personal  ax  to  grind.  We  are  more  interested  in  a  law  that 
would  stop  the  reprinting  of  the  works  of  our  own  American  authors, 
on  which  the  copyrights  are  now  constantly  expiring,  and  that  would 
do  justice  to  the  heirs  and  publishers  of  an  author  (who  is  unfortunate 
enough  to  be  single)  after  28  years'  copyright  has  expired. 

"The  pirates  who  were  formerly  reprinting  English  books  are  now 
watching  like  "hawks'  the  expiration  of  copyrights  by  prominent 
American  authors,  and  particularly  on  juveniles,  and  we  think  this 
is  hurting  the  publishers  of  works  of  American  authors  more  than  all 
the  foreign  reprints." 

5.  Little,  Brown  &  Co. ,  Boston,  Mass. : 

"We  are  of  the  opinion  that  the  international  copyright  law,  de- 
spite its  limitations,  has  been  of  benefit  to  the  literary  and  publishing- 
interests  of  the  United  States,  as  it  has  been  possible  to  publish  many 
books  at  the  average  price  asked  for  books  by  American  authors,  and 
without  the  protection  of  the  act  such  books  would  probably  have  been 
sold  at  the  cost  of  production  or  less. 

"The  act,  however,  should  be  materially  amended  and  copyright 
extended  to  citizens  of  all  foreign  countries,  as  a  matter  of  justice,  and 
without  the  stipulation  that  the  books  shall  be  printed  from  t}7pe  set 
in  this  country.  Should  this  clause  remain  in  force,  the  law  ought  to 
state  clearly  that  a  foreign  author  may  secure  copyright  in  the  United 
States  by  having  the  English  translation  of  his  book  published  here 
simultaneously  with  the  original,  the  translation  to  be  printed  from 
type  set  in  the  United  States. 


16       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

ic  We  believe  that  copyright  to  foreign  authors  should  not  depend 
upon  the  making  of  a  treaty.  There  is  no  equitable  reason  why  citi- 
zens of  England  and  France  should  be  able  to  secure  copyright  and 
those  of  Russia  and  Austria  should  be  denied  one. 

;'The  condition  of  priority  of  publication  of  books  by  American 
authors  required  by  Great  Britain  sometimes  leads  to  injurious  delay 
in  publishing  in  the  United  States,  and  we  hope  that  representations 
to  this  effect  will  be  made  to  the  English  Government.  A  term  of 
60  days  after  publication  in  this  country  should  be  allowed  for  pub- 
lication and  copyrighting  in  England,  and  we  should  in  our  turn  extend 
the  same  privilege  to  England  and  other  countries." 

6.  Lotkrop  Publishing  Company,  Boston,  Mass.: 

"In  our  opinion  the  existing  international  copyright  law  has  been 
of  benefit  to  all  honorable  publishers,  although  there  are  certain 
points  in  which  it  might  be  modified  or  amended  to  advantage.  Fewer 
American  books,  however,  obtain  separate  copyright  in  England  than 
might  be  the  case  if  the  law  were  less  ironclad,  because  the  foreign 
publication  of  any  book  save  by  a  popular  or  well-known  writer  is  a 
problem  which  few  publishers  care  to  attempt  where  the  success  or 
failure  of  the  book,  even  in  America,  is  still  a  matter  to  be  proven. 
We  doubt  if  labor  has  been  affected  one  way  or  another  by  the  law, 
for  the  setting,  printing,  and  binding  of  a  book  in  one  country  scarcely 
makes  any  impression  upon  the  same  work  in  another  country. 

"Few  authors,  too,  are  materially  affected  by  the  law.  for  it  does  not 
prevent  uncopyrighted  publication  of  a  book  which  is  not  covered  by 
the  international  law,  and  the  old-time  piracy  is  just  as  possible,  though 
perhaps  not  as  prevalent,  as  before  the  act. 

"It  has,  perhaps,  in  a  measure  affected  the  purchase  or  exchange  of 
plates.  They  do  not  seem  to  seek  the  markets  of  the  two  countries  as 
they  once  did,  though  whether  this  is  because  of  the  international  law 
or  not  is  a  matter  of  conjecture. 

"One  way  in  which  the  international  copyright  law  could,  it  seems 
to  us,  be  amended  to  advantage  is  in  the  matter  of  simultaneous  pub- 
lication. That  clause  actually  prevents  many  publishers  from  seeking 
foreign  copyright  because  of  the  bother  and  business  disarrangement 
that  so  hard  and  fast  a  rule  creates. 

"If  there  were  a  definite  period — say,  60  days — allowed  as  a  mar- 
gin or  limit  of  time  during  which  decision  as  to  reissue  abroad  could 
be  determined  and  put  into  force,  more  publishers  would  feel  like 
assuming  the  risk  that  such  a  step  always  appears  to  be. 

"As  to  the  term  of  copyright,  we  should  say  unhesitatingly  it  should 
be  made  perpetual.  We  can  see  but  little  reason  or  justice  in  any  other 
rule.  A  man's  brain  product  should  be  like  other  property — secured 
to  'him  and  his  assigns  forever.'  Masterpieces  and  classics  can  never 
be  strangled  by  an  act  of  simple  justice." 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       17 

7.  L.  C.  Page  &  Co.,  Boston,  Mass.: 

"The  law  has  been  beneficial  to  publishers  in  general  in  that  it  enables 
them  to  protect  in  foreign  countries  their  rights  in  books  for  which 
they  have  paid  authors  a  proper  remuneration  either  in  the  form  of  an 
outright  payment  or  of  a  royalty. 

"It  has  also  protected  American  publishers  when  they  arrange  in 
advance  of  publication  with  foreign  authors  or  publishers  for  the 
American  market  of  foreign  books,  in  that  it  has  assured  them  that  if 
the  book  is  a  success  they  will  meet  with  proper  returns,  and  that  they 
will  not  immediately  be  called  upon  to  compete  with  pirate  publishers 
who  have  waited  until  the  book  has  proved  a  success  and  then  publish 
cheap  competing  editions. 

"Its  effect  on  compositors  is  entirely  in  the  so-called  manufacturing 
clause,  whereby,  to  obtain  American  copyright,  a  foreign  book  must 
be  set  and  printed  in  America  and  be  published  simultaneously  with 
the  foreign  edition.  We  assume  that  this  part  of  the  law  was  passed 
with  the  idea  of  protecting  compositors  against  European  competition. 
We  do  not  believe,  however,  that  it  has  had  this  effect,  because 
English  publishers  have  recognized  that  American  publishers  will  not 
make  arrangements  for  buying  the  American  market  unless  they  are 
very  certain  of  the  success  of  the  book  in  question. 

"Insomuch  as  a  large  proportion  of  English  books  can  only  have 
a  slight  success  in  America — a  success  so  slight  that  it  would  not  pay 
an  American  publisher  to  set  and  make  plates  of  the  book — English 
publishers,  except  in  the  case  of  very  well-known  and  very  popular 
authors,  prefer  not  to  copyright  their  books  in  America,  since  by 
copyrighting  them  in  America  the  publisher  who  might  purchase  the 
American  rights,  although  by  the  copyright  he  would  be  absolutely 
and  adequately  protected,  would,  on  the  other  hand,  be  forced  to 
undergo  the  expense  of  making  an  entirely  new  plant  for  thje  book. 
By  not  copyrighting  the  book,  the  English  publisher  is  in  a  position 
to  sell  in  America  small  editions  in  sheets,  bound  copies  of  the  book, 
or  duplicate  plates  made  from  their  own  type  forms,  and  while,  owing 
to  the  fact  that  they  can  not  protect  the  American  publisher  without 
copyright,  they  nevertheless,  by  enabling  the  American  publisher  to 
publish  the  book  cheaply,  find  that  they  are  in  a  position  to  place— 
although  at  a  relatively  small  profit — a  large  proportion  of  their  books 
in  America.  The  American  publisher,  through  his  abilit}r  to  purchase 
the  sheets,  bound  copies  of  the  book,  or  duplicate  plates,  with  the 
guarantee  of  the  English  publisher  that  the  English  publisher  will 
protect  him  by  selling  no  other  American  publisher,  is  able  to  publish 
the  book  at  a  much  less  expense  than  any  publisher  who,  through  his 
inability  to  make  arrangements  with  the  English  publisher,  is  forced 
to  make  the  plant  for  himself. 

"In  other  words,  the  international  copyright  law  has  enabled  Amer- 
S.  Doc.  87 2 


18       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

lean  publishers  to  protect  their  own  books  in  foreign  markets  at  a 
trifling  expense,  although  considerable  delay  and  annoyance  is  involved 
by  so  doing. 

"  The  English  publisher,  owing  to  the  workings  of  the  manufactur- 
ing clause,  finds  it,  except  in  rare  instances,  to  his  advantage  not  to 
copyright  his  books  in  America. 

"  The  clause  which  it  was  hoped  would  force  English  books  to  be 
set  in  America  has  had  no  result  whatever  except  in  a  very  few  cases, 
namely,  those  of  important  books,  and  this  has  been  more  than  counter- 
balanced by  the  fact  that  American  publishers,  failing  to  place  their 
books  copyrighted  abroad  with  foreign  publishers  on  a  cash  basis,  are 
accustomed  to  exchange  them  for  duplicate  plates  of  books  not  copy- 
righted in  America. 

"  The  mere  fact  that  American  publishers  can  protect  their  books 
abroad  has  resulted  in  what  we  believe  is  a  much  increased  importation 
of  cheap  English  plates. 

"As  a  house  which  does  a  relatively  large  business  with  English 
publishers,  both  selling  and  buying,  we  have  found  this  to  be  the  case. 
Our  books  which  we  believe  to  be  of  value  are,  as  a  matter  of  course, 
copyrighted  abroad. 

"We,  on  the  other  hand,  very  seldom  purchase  books  from  England 
which  have  been  copyrighted  in  this  country. 

"If  a  book  of  a  foreign  author  has  not  yet  been  published  abroad, 
we  sometimes  make  arrangements  whereby  the  manufacture  of  the 
book  is  done  in  this  country  and  duplicate  plates  are  shipped  by  us  to 
the  foreign  publisher,  but  we  find  it  an  extremely  unusual  case  when 
the  foreign  publisher  has  gone  to  the  expense  of  obtaining  American 
copyright  by  setting  the  book  in  America  and  then  gone  to  the  Ameri- 
can publisher  in  the  effort  to  sell  the  American  rights. 

"As  regarding  the  question  of  piracy  under  this  present  law,  we 
believe,  as  stated  above,  that  the  American  publisher  is  protected 
from  piracy  if  he  chooses  to  undergo  delay  and  annoyance  of  obtaining 
protection,  but  the  foreign  publisher  is  only  protected  from  piracy  in 
the  case  of  books  which,  in  advance  of  publication,  both  the  English 
and  American  book  world  recognize  will  be  large  sellers. 

"Again,  in  the  case  of  books  which  are  copyrighted  in  this  country 
by  the  English  publisher,  assuming,  as  we  believe,  that  they  are  only 
books  in  which  the  sale  is  certain  to  be  large,  the  American  publisher 
would  rather  that  the  book  were  set  in  this  country  than  purchase 
duplicate  plates,  for  the  reason  that  foreign  duplicate  plates  are  not 
satisfactory  for  printing,  except  in  small  editions. 

"Regarding  the  question  as  to  whether  the  law  has  increased  or 
reduced  the  selling  price  of  books,  it  is  fair  to  assume  that  it  has  had 
very  little  effect  upon  the  price.  The  price  of  a  book  is  based  on  the 
cost  of  the  manufacture  of  each  volume,  plus  any  return  to  the  author 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       19 

or  his  agent  (in  the  case  of  foreign  books  the  agent  being  usually  the 
foreign  publisher). 

"We  have  and  are  paying  royalties  on  English  books  which  are 
without  copyright  in  this  country,  as  we  have  found  it  advisable  in 
making  arrangements  with  English  publishers  to  purchase  their 
duplicate  plates  and  pay  them  royalty  in  addition  rather  than  assume 
the  risk  of  making  much  more  expensive  plant  by  setting  the  book  in 
this  country,  even  though  by  so  doing  we  could  avoid  paying  any 
royalty  whatever. 

"Our  general  opinion  of  the  present  international  copyright  law  is 
that  it  is  good  as  far  as  it  goes,  in  that  it  protects  the  American  pub- 
lisher in  foreign  markets,  although  it  would  seem  advisable  to  simplify 
the  law  so  that  English  copyright  may  be  obtained  without  the  long 
delay  necessitated  by  the  need  of  simultaneous  publication. 

"The  law,  however,  has  scarcely  at  all  prevented  the  pirating  of 
English  books  or  the  importation  into  this  country  of  cheap  duplicate 
plates,  and  no  law  can  prevent  this  which  carries  with  it  a  manufactur- 
ing clause,  which,  instead  of  forcing  foreign  books  to  be  manufactured 
in  this  country,  merely  forces  foreign  books  to  get  along  without  the 
copyright  protection.  We  earnestly  believe'that  this  clause  should  be 
given  up  and  that  the  same  protection  be  granted  here  as  is  granted 
us  abroad.  We  go  even  further  in  believing  that  it  would  be  best  for 
publishers,  manufacturers  of  books  (including  compositors,  printers, 
and  binders),  and  the  public  in  general  if  a  convention  were  made  with 
the  powers,  whereby  the  publisher  of  a  book  in  any  civilized  country 
could  adequately  protect  it  in  any  country  in  the  world,  so  that  the 
author,  who  furnished  the  brain  work,  and  the  publisher,  who  has 
assumed  the  risk,  may  be  protected. 

"We  believe  that  not  only  should  a  foreign  book  be  protected  in 
this  country  by  the  mere  fact  that  it  has  been  published  abroad,  but 
that  the  foreign  publisher  should  have  the  right  to  arrange  with  the 
American  publisher  for  the  American  market,  even  if  such  arrange- 
ment involved  importing  duplicate  plates  or  limited  editions  to  the 
exclusion  of  American  labor. 

"As  far  as  the  printing  and  binding  are  concerned,  the  manufactur- 
ers of  books  in  this  country  need  fear  no  competition ;  and,  as  far  as 
composition  is  concerned,  such  a  law  would  admit  into  this  country 
duplicate  plates  only  of  books  which  would  have  been  under  the  present 
law  imported,  though  they  would  be  without  the  protection  of  copy- 
right. It  is  only  short-lived,  unimportant  books  of  which  the  Ameri- 
can publisher  would  care  to  import  plates,  and  whether  or  not  protected 
by  copyright  the  more  important  books  will  be  set  in  this  country 
rather  than  that  the  publisher  should  use  duplicate  inferior  English 
plates." 


20       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 


8.  Snift//*  Min/  mi  I'd  <&  Co.,  Boston,  Mass.: 

"We  beg  leave  to  submit  the  following  as  our  opinion  in  reply  to 
the  questions  asked  by  you  regarding  international  copyright: 

"  1.  Has  the  international  copj^right  law  been  detrimental  or  bene- 
ficial to  publishers  or  book  manufacturers  ? 

"In  what  respects? 

"Answer.  Beneficial  to  such  publishers  as  adhere  to  the  better  stand- 
ards of  their  trade  and,  therefore,  of  some  benefit  to  such  printers  as 
they  employ.  It  enables  such  publishers  to  venture  with  more  safetj' 
upon  the  publication  of  American  editions  of  foreign  books  by  pre- 
venting piracy. 

"2.  Same  questions  in  regard  to  compositors,  bookbinders,  press- 
men, employees  generally. 

"Answer.  The  present  law,  which  compels  American  manufacturers 
to  secure  copyright  for  a  foreign  author's  work,  certainly  can  not  act 
detrimentally  upon  such  operatives  since  every  book  thus  copyrighted 
must  furnish  employment  for  them. 

"  3.  Same  questions  in  regard  to  authors,  foreign  and  American. 

"Answer.  Beneficial,  since  the  author  (foreign  and  American)  is 
more  fully  protected  in  his  rights  to  compensation  for  his  work  and  in 
the  control  of  their  publication. 

"4.  Same  questions  in  regard  to  the  book-purchasing  public. 

"Answer.  Beneficial  if  it  is  beneficial  to  buy  honestly.  Also  bene- 
ficial because  books  published  by  such  houses  as  recognize  ideals  in 
respect  to  their  dealings  with  authors  usually  also  have  higher  stand- 
ards of  accuracy  and  artistic  perfection  in  book  making. 
•  "5.  Has  the  law  increased  or  reduced  the  selling  price  of  books'* 
About  how  much  per  cent  ? 

"Answer.  It  is  difficult  to  answer  this  question  accurately.  The 
price  for  a  well-made  standard  book  would  probably  be  about  the  same 
in  either  case,  since  scrupulous  publishers  have  been  quite  generally 
in  the  habit  of  making  some  compensation  to  a  foreign  author,  even  in 
the  absence  of  copyright.  But  even  if  the  price  were  slightty  higher 
the  public  would  get  more  value  for  their  money  in  such  books  as  were 
issued  under  the  law  than  they  would  from  the  cheap  and  slovenly 
printed  reprints  which  would  tend  to  crowd  out  the  better  books  were 
there  no  such  protection. 

"6.  Was  piracy  as  practiced  prior  to  the  enactment  of  the  present 
law  beneficial  to  printers?  Or  to  publishers? 

"Answer.  We  have  had  no  experience  except  under  the  present  law. 

"7.  Do  American  and  English  publishers  exchange  plates? 

"Answer.  English  publishers  sell  plates  to  Americans  and  vice  versa. 
Probably  more  American  plates  are  sold  to  England  than  vice  versa, 
not  only  because  of  the  manufacture  provision  in  our  copyright  law, 
but  also  because  the  electrotype  plates  manufactured  in  America  are 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       21 

better  in  many  ways  than  the  stereotype  plates  which  are  still  gener- 
ally used  by  English  publishers. 

"8.  Give  general  opinion  as  to  operation  and  effect  of  the  interna- 
tional copyright  law  and  in  what  respects  it  should  be  amended. 

"Answer.  International  copyright  should  be  extended  as  far  as  pos- 
sible. The  laws  of  all  countries  in  respect  of  copyright  should  be  made 
as  simple  as  possible  and  in  general  as  much  alike  as  possible.  In  the 
matter  of  simplification  it  is  hard  to  see  why,  if  Governments  are  not 
afraid  of  innovations,  a  step  in  copyright  might  not  be  secured  by 
allowing  American  publishers  to  send  to  Washington  not  only  the  two 
copies  of  a  book  for  the  Library  of  Congress,  but  also  the  additional 
copies  required  in  Great  Britain  for  transmission  to  the  British  reposi- 
tories. This  operation,  duly  receipted  for,  might  serve  to  secure  an 
"  ad  interim '  copyright  in  Great  Britain  pending  the  proper  entry  at 
Stationers'  Hall,  which  might  well  be  allowed  to  be  made  within  a 
certain  definite  period,  long  enough  to  allow  greater  freedom  of  choice 
to  the  English  publisher  in  selecting  his  date  of  actual  publication. 
The  present  cumbersome  methods  of  cabling  and  simultaneous  sales 
(often  entirely  fictitious)  would  thus  be  done  away  with,  and  much 
trouble  and  possible  danger  of  failure  of  cop}Tright  would  be  pre- 
vented. But  a  more  vitally  important  change  would  be  to  permit 
copyright  in  this  country  to  publishers  or  authors  abroad  on  as  liberal 
terms  as  is  allowed  in  their  country  to  American  publishers  or  authors. 
If  copyright  is  a  just  principle,  it  is  right  that  it  should  be  applied 
without  any  such  restriction  as  this  of  American  manufacture,  which, 
while  it  may  to  some  extent  furnish  work  for  printers  in  the  making 
of  plates,  undoubtedly  deprives  them  of  a  considerable  amount  of  press 
work  which  they  might  gain  were  the  restriction  removed.  It  is 
doubtful,  also,  whether  the  loss  in  plate  making  would  be  serious, 
since  American  publishers  prefer  electrotype  plates  to  the  stereotype 
process,  and  in  the  case  of  such  books  as  warranted  the  expense  would 
probably  quite  generally  manufacture  their  own  plates  in  conformity 
with  American  tastes." 

9.  The  MaWiews-Northrup  Company,  Buffalo,  N.  Y. 

"We  are  heartily  in  favor  of  the  international  copyright  act,  and 
believe  that  its  operations  have  been  beneficent  to  the  printing  trade, 
as  well  as  to  the  general  public.  The  wages  have  been  changed  since 
the  law  came  into  effect,  not  by  increasing  the  rate  per  diem,  but  by 
giving  a  nine-hour  day  for  10  hours  pay.  We  would  not  claim  that 
this  change  was  the  result  of  the  act,  but  it  followed  it,  and  would 
seem  to  dispose  of  any  contention  that  the  journeyman  had  been  injured 
by  its  enactment." 

10.  The  Blakely  Printing  Company,  Chicago,  III. 

"We  would  say  that  we  have  been  in  the  printing  and  bookmaking 
business  for  nearly  thirty  years,  and  during  the  past  dozen  years  have 


22       INTERNATIONAL    COPYRIGHT   LAW    IN    THE    UNITED    STATES. 

had  constantly  employed  from  250  to  300  people.  A  large  branch  of 
our  business  consists  in  printing  books  for  publishing  houses;  and  we 
have  had  the  printing  of  many  copyrighted  works,  for  various  pub- 
lishers. 

"As  to  the  general  effect  of  the  law  in  question,  we  believe  that  it 
has  been  beneficial  to  publishers  and  bookmakers,  for  the  reason  that 
it  has  given  them  protection  against  the  immoral  practices  of  piratical 
establishments  who  would  otherwise  issue  cheap  editions  of  popular 
works  as  soon  as  their  popularity  is  demonstrated,  thus  robbing  the 
legitimate  publisher  of  his  profits  and  market. 

"It  has  been  beneficial  to  compositors,  because  it  has  enabled  pub- 
lishers to  bring  out  hundreds  of  books,  under  its  assured  protection, 
that  no  publisher  would  have  taken  the  risk  of  bringing  out  without 
it,  thus  affording  work  to  compositors  that  they  would  not  otherwise 
have  been  given;  and  it  has  enabled  the  payment  of  higher  wages  to 
first-class  compositors  than  would  have  been  possible  under  conditions 
of  unrestrained  competition.  It  has  thus  been  productive  of  the  pub- 
lication of  a  larger  number  of  books,  and  the  payment  of  higher  wages 
than  under  conditions  as  they  existed  prior  to  1891  when  the  law  took 
effect.  And  for  the  same  reasons  it  has  been  distinctly  beneficial  to 
binders,  pressmen,  and  employees  generally. 

"That  it  has  been  beneficial  to  authors  is  a  self-evident  propo- 
sition. Foreign  authors  can  now  be  assured  of  remuneration,  if  their 
works  can  be  sold,  where  formerly  they  were  systematically  deprived 
of  the  just  rewards  for  their  labors. 

"The  purchasing  public  has  been  benefited  in  that  it  has  been  given 
opportunity  to  purchase  books  that  otherwise  would  not  have  been 
printed,  and  it  has  been  supplied  with  better  books,  considered  from 
a  merely  physical  standpoint,  than  would  be  issued  under  conditions 
of  indiscriminate  publication.  It  is  true  that  the  public  pays  a  slightty 
higher  price  for  copyrighted  books  in  general,  but,  except  for  books 
of  very  great  popularity,  the  selling  price  has  not  been  increased  more 
than  15  or  20  per  cent,  the  increase  covering  the  compensation  of  the 
author  and  the  superior  quality  of  workmanship  in  the  books.  In 
regard  to  the  books  of  great  popularitj7,  of  which  many  thousands  of 
copies  may  be  sold,  it  is  of  course  true  that  the  copyright  law  pre- 
vents issuance  of  cheap,  poorly  executed  editions  by  pirate  publishers 
that  would  be  sold  for  prices  only  fractional  of  those  charged  for  the 
same  works  when  copyrighted.  It  may  be  said,  therefore,  that  the 
effect  of  the  law  has  been  to  increase  the  price  of  books  issued  by 
legitimate  concerns  15  or  20  per  cent,  and  it  has  prevented  the  issuance 
of  cheap  editions  of  popular  works  that,  but  for  the  law,  would  be 
placed  on  the  market  at  prices  ranging  from  15  to  20  per  cent  of 
prices  at  which  such  works  are  sold  under  the  law. 

"In  our  opinion  'piracy,'  as  practiced  before  the  enactment  of 


INTERNATIONAL   COPYRIGHT    LAW   IN    THE    UNITED    STATES.       23 

the  law,  was  never  permanently  beneficial  to  either  printers  or  pub- 
lishers. Jt  is  true  that  in  a  few  cases  works  of  very  great  popularity 
would  be  brought  out  by  several  publishers  at  practically  the  same 
time,  thus  giving  work  to  the  employees  of  all  such  establishments 
and  temporar}^  profits  to  many  of  them,  but  such  advantage  can  only 
be  ephemeral,  and  is  more  than  offset  by  the  larger  number  of  books 
issued  under  the  copyright  law,  the  popularity  of  many  of  which  is 
only  ascertained  after  they  have  been  published.  Many  extremely 
popular  works  would  never  have  been  published  at  all  were  it  not  for 
the  protection  given  by  the  law  of  international  copyright. 

"In  our  opinion  the  general  effect  of  the  law  has  been  altogether 
beneficial  to  publishers,  printers,  authors,  and  the  reading  public.  Its 
requirement  that  the  works  of  foreign  authors  shall  be  printed  from 
type  set  or  from  plates  made  from  type  set  in  the  United  States, 
insures  the  employment  of  American  workmen  in  their  production  in 
this  country,  and  inflicts  hardships  on  no  one,  and  we  have  no  sug- 
gestion to  make  as  to  advisable  changes  or  amendments  in  the  law. 
We  are  satisfied  with  it  as  it  now  stands." 

11.  George  M.  Hill  &  Co.,  Chicago,  III.: 

kiSo  far  as  we  have  had  any  experience  with  the  workings  of  the 
law,  and  so  far  as  we  have  observed  its  effect  upon  books  of  all  classes, 
we  would  be  decidedly  opposed  to  any  measure  that  would  tend  to 
lessen  the  protective  features  of  this  law.  That  the  Americans  have 
the  long  end  of  the  law  is  evident,  and  we  believe  that  any  effort  to 
cut  down  the  privileges  which  the  law  bestows  would  be  detrimental 
to  the  interests  of  the  various  classes  affected.  We  are  highly  in 
favor  of  the  protection  which  this  law  accords  to  authors  and  publish- 
ers, and  we  believe  that  it  has  no  effect  upon  the  selling  price  of 
books.  We  are  both  manufacturers  and  publishers  and  believe  we 
are  competent  to  judge  of  the  influences  which  affect  the  market  price." 

12.  A.  C.  McClurg<&  Co.,  Chicago,  111.: 

'"The  written  inquiries  concerning  the  operation  and  effect  of  the 
so-called  international  copyright  law,  coming  from  you  in  your  official 
capacity  as  statistician  in  the  Department  of  Labor,  must  be  taken, 
we  suppose,  to  pertain  principally  to  the  financial  and  material  effects 
of  the  law,  and  not  to  its  broader  international  and  ethical  aspects. 
In  that  case  it  would  be  practically  impossible  from  our  own  point  of  view 
to  answer  the  inquiries  with  any  certainty  or  accuracy.  We  do  not 
believe  that  it  'is  possible  rightfully  to  ascribe  to  the  copyright  law 
changes  that  may  have  taken  place  since  its  passage  in  either  the  prices 
of  books  or  the  remuneration  of  those  engaged  in  the  manufacture  of 
books. 

"  We  are  heartily  in  favor  of  an  international  copyright  law  which 
shall  secure  to  foreign  authors  and  publishers  the  same  privileges 
which  foreign  countries  accord  to  American  authors  and  publishers. 


24      INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

and  from  the  broad-view  point  of  international  justice  and  equity  we 
regard  the  present  United  States  law  as  falling  far  short  of  perfection 
in  its  provisions  and  its  practical  working. 

"In  the  first  place,  the  requirement  of  simultaneous  publication 
imposes  a  very  heavy  and  unjust  burden  upon  foreign  authors,  espe- 
cially upon  new  authors  who  still  have  their  reputation  to  make.  The 
new  author,  whose  success  with  the  public  is  wholly  uncertain,  is  put 
to  heavy  expense  at  the  outset  of  his  career,  in  order  to  protect  him- 
self against  American  piracy,  if  his  book  should  ultimately  prove 
popular. 

"Second.  The  requirement  that  all  foreign  books  shall  be  printed 
from  plates  manufactured  de  novo  in  the  United  States  works  very 
great  hardship  to  American  publishers,  as  well  as  to  British  authors 
and  publishers,  and  necessarily  increases  the  cost  of  reprinted  books 
to  American  readers. 

"Third.  Under  the  present  law  a  foreign  author  is  wholly  unable  to 
prevent  the  issue  in  this  country  of  unauthorized  translations  of  his 
works,  unless  he  copj^rights  his  books  in  the  United  States,  in  the 
language  in  which  they  are  written.  He  may,  if  he  chooses,  copyright 
some  particular  translation,  but  is  absolutely  powerless  to  prevent  the 
appearance  of  any  number  of  other  and  independent  translations. 
This  is  a  great  injustice  to  foreign  authors,  and  a  hardship  to  their 
authorized  American  publishers. 

"  Fourth.  We  recommend  a  longer  duration  of  the  copyright  period, 
and  would  suggest  that  the  term  of  copyright  should  be  for  the  life  of 
the  author  and  thirty  j^ears  afterwards." 

13.  Rand,  McNally  &  Co.,  Chicago,  III.: 

"Referring  to  certain  questions  as  to  the  effect  of  the  international 
copyright  law,  which  became  operative  on  the  1st  of  July,  1891: 

"In  our  opinion  the  law  has  benefited  all  connected  with  the  making 
and  vending  of  books — authors,  publishers,  artisans,  and  retailers. 

"The  effect  of  pirating  the  new  works  of  foreign  authors  is  to  create 
for  the  product,  to  the  full  extent  of  the  piracy,  a  competitive  market 
wherein  prices  are  scaled  down  so  low  as  to  allow  but  a  minimum  of 
profit;  to  correspondingly  reduce  the  ability  of  publishers  to  pay  as 
high  wages  to  artisans  as  could  be  paid  were  the  product  sold  at  the 
higher  prices  obtainable  for  copyright  books;  to  drive  native  authors 
out  of  the  home  field  by  supplying  to  readers  the  cheaper  product  of 
piracy;  and  to  leave  to  the  trade  so  small  a  margin  of  profit  as  to  make 
the  business  of  handling  that  class  of  books  undesirable  in  view  of  the 
inevitable  losses  on  unsalable  remnants  of  stock. 

"  It  may  be  true  that  piracy  temporarily  increased  the  volume  of 
business  and  thus  of  work  for  artisans;  but  the  tendency  is  to  ulti- 
mately contract  it  by  calling  out  excessive  competition  and  thus  caus- 
ing a  constant  reduction  of  profits  which  must  inevitably  fall  below 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       25 

the  remunerative  point  and  so  extinguish  the  business.  This  applies 
in  measure  to  the  standard  competitive  lines  of  books,  but  more  largely 
to  the  new  books  not  yet  graded  as  standard,  in  the  piratical  repro- 
duction of  which  there  is  to  be  considered  the  element  of  uncertainty 
as  to  their  ever  holding  the  market  as  standard  literature. 

"The  effect  of  the  law  on  the  book  market  has  been  to  reduce  the 
selling  price  of  the  competitive  lines  in  standard  literature  from  one- 
third  to  one-half,  and  to  increase  that  of  copyright  books  from  25  to 
50  per  cent. 

"In  our  business  of  late  years  we  have  bought  but  few  English 
plates.  They  are  generally  inferior  in  workmanship,  and  we  prefer 
to  make  our  own. 

"With  our  present  understanding  of  the  subject  we  can  suggest  but 
two  changes  in  the  international  copyright  law:  (1)  that  instead  of  a 
limited  it  provide  a  perpetual  protection,  so  that  the  copyright  on  a 
valuable  book  would  secure  to  both  publisher  and  author  and  to  their 
heirs  a  perpetual  benefit;  (2)  that  it  be  made  an  actionable  offense  to 
publish  a  foreign  author's  book,  even  when  it  is  not  copyrighted,  with- 
out having  first  secured  his  consent. 

"It  is  safe  to  say  that  under  the  law  as  it  is  authors  derive  a  larger 
remuneration  from  their  works  than  they  did  before  it  came  into  effect. 
This  is  emphatically  true  of  the  vear  1899. 

"The  above  is  our  conclusion  after  an  experience  in  publishing 
extending  over  a  period  of  40  years,  and  at  present  employing  over 
800  people." 

14.   The  Burrows  Brothers  Company,  Cleveland,  Ohio: 

"Replying  to  your  inquiry  as  to  the  effect  of  international  copy- 
right law  on  publishers  in  the  United  States,  we  would  say  that  after 
our  experience  in  business  of  some  27  to  28  years,  and  employing  a 
staff  averaging  from  125  to  150,  we  are  pleased  to  say  that  in  every 
way  we  think  the  international  copyright  law  has  been  beneficial  to 
American  producers,  both  in  encouraging  and  developing  our  own 
authors,  and  the  better  production  of  literary  work,  as  well  as  in  rais- 
ing the  general  standard  of  literature  and  the  form  in  which  it  has  been 
presented. 

"Under  the  old  state  of  affairs  so  much  foreign  material  was  pro- 
duced by  pirate  publishers  in  the  very  cheapest  form  that  the  low 
price  at  which  this  material  was  able  to  be  marketed  greatly  hindered 
or  entirely  discouraged  American  authors  from  producing  strictly 
American  literature,  novels,  and  history.  It  has  only  been  within 
the  past  five  to  seven  years  that  purely  American  fiction  or  history 
has  had  any  extended  market  in  this  country.  This  is  largely  due  to 
the  fact  that  with  copyright  works  which  have  to  support  both  pub- 
lisher and  author  the  price  must  necessarily  be  higher  than  that  of  a 
volume  upon  which  virtually  speaking  there  is  only  the  printer's  profit 


26       INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

necessary.  As  it  is  now,  English  and  other  foreign  authors  are  able 
to  secure  copyright  in  this  country,  consequently  are  able  to  secure 
royalty  upon  such  copies  of  their  books  as  are  marketed  here,  and  in 
this  way  the  price  of  English  books  generally,  with  the  duty  added, 
becomes  considerably  more  than  the  price  of  similar  American  pro- 
duced volumes.  For  this  reason,  with  very  few  exceptions,  the  sale 
of  English  books  in  this  country  has  been  comparatively  small  during 
the  past  years. 

"In  so  far  as  the  international  copyright  law  affects  the  printers, 
binders,  pressmen,  and,  generally  speaking,  bookmakers  generally,  it 
has  undoubtedly  worked  much  to  their  interest.  Instead  of  the  cheap, 
poorly  made  books  that  were  produced  in  the  past,  at  the  present  day 
the  printers  and  binders  in  this  country  are  producing  far  superior 
work  to  almost  any  in  the  world,  except  a  few  notable  exceptions  of 
famous  presses,  which,  however,  can  not  be  ranked  except  on  a  par 
with  similar  institutions  in  this  country,  as,  for  instance,  the  De  Vinne 
Press,  the  University  Press,  etc. 

"So  far  as  American  authors  are  concerned  the  international  cop3T- 
right  law  has  in  every  way  been  beneficial  to  them  by  excluding  pirated 
editions  of  modern  English  and  foreign  books  from  this  market, 
the.reby  making  a  field  for  American  works  which  more  nearly  appeal 
to  the  reading  classes  in  this  country.  This  is  being  shown  in  the 
remarkable  success  in  the  past  year  or  two  of  Richard  Carvel,  Pris- 
oners of  Hope,  To  Have  and  To  Hold,  Janice  Meredith,  etc. 

"  The  purchasing  public  are  undoubtedly  better  served  under  the 
existing  law  than  they  could  ever  be  served  without  it.  In  the  first 
place,  literary  work  is  produced  of  purely  American  interest  which 
would  not  have  received  sufficient  patronage  while  cheaper  and  pirated 
editions  were  on  the  market.  The  law  through  its  protection  of  Amer- 
ican authors  has  greatly  increased  the  grade  of  paper  produced  by  our 
domestic  mills;  American  ingenuity  has  been  brought  to  bear  on 
machinery,  which  now  outranks  any  produced  in  the  world  in  the  book- 
producing  trades,  which  gives  to  a  reading  public  far  superior  volumes 
at  in  most  cases  no  higher,  or  but  slightly  higher,  prices  than  hereto- 
fore. 

"The  law  has  considerably  increased  the  selling  price  of  foreign 
works  by  anywhere  from  100  to  200  per  cent,  taking  the  duty  also 
into  consideration,  whereas  the  selling  prices  of  domestic  books  have 
been  but  slightly  affected.  If  anything,  there  has  been  a  reduction 
on  account  of  the  larger  reading  public  to  be  found  for  the  works. 

"We  should  say  without  a  doubt  that  piracy  as  practiced  prior  to 
the  present  law  could  not  have  been  in  any  way  but  detrimental  to 
printers,  in  that  the  whole  plan  was  to  produce  books  as  cheaply  as 
possible,  thereby  badly  affecting  wages,  and  greatly  deteriorating  the 
materials  used  in  their  production,  and  in  a  great  many  cases  imper- 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       27 

feet  and  inaccurate  reprints  were  thrown  upon  the  market.  Neither 
could  piracy  be  beneficial  to  publishers,  from  the  fact  that  such  simple 
copying  or  stealing  of  published  works  took  out  of  the  business 
entirely  the  opportunity  of  publishing  original  works  and  of  promot- 
ing literature  of  our  own  country. 

"It  is  customary  with  works  having  considerable  sale  in  both  coun- 
tries for  the  publishers  to  make  duplicate  electrotypes  and  print  on 
both  sides  of  the  water. 

"In  the  matter  of  wages  the  international  copyright  law  has  cer- 
tainly been  beneficial  in  that  the  grade  of  work  produced  has  been 
very  much  improved,  thereby  necessitating  better  and  more  skilled 
help,  and  consequently  higher  wages. 

"In  the  matter  of  changes  or  improvements  in  the  international 
copyright  law,  as  it  now  stands,  we  would  strongly  recommend  the 
omission  of  the  clause  necessitating  actual  setting  of  the  type  in  this 
country,  or  the  books  being  printed  from  plates  made  from  the  actual 
type  set  in  this  country.  As  this  clause  is  now  no  longer  needed  for 
the  protection  of  printers  in  this  country,  owing  to  the  fact  that 
composition  is  cheaper  here  than  abroad,  this  clause  now  simply 
necessitates  a  good  deal  of  unnecessary  trouble  and  delay,  which  is 
rather  hurtful  to  our  own  book  manufacturers  and  its  allied  interests 
generally. 

"So  far  as  other  changes  are  concerned,  while  there  are  other 
points  which  from  time  to  time  we  have  noticed  that  could  well  be 
amended,  we  would  like  largely  to  leave  this  to  the  suggestions  which 
undoubtedly  will  be  ofi'ered  by  Mr.  Putnam,  who,  more  than  any 
other  man  in-  this  country  at  the  present  time,  is  alive  to  and  has 
studied  the  general  best  interests  of  this  country  in  this  matter." 

15.   The  Cleveland  Printing  and  Publishing  Co.,  Cleveland,  Ohio: 

"An  experience  of  more  than  a  decade  in  the  manufacture  of  books 
for  publishers,  and  an  observation  of  the  workings  of  the  publishing 
business  both  before  and  since  the  enactment  of  the  international 
copyright  law,  convince  us  that  on  the  whole  it  has  been  beneficial  to 
publishers,  manufacturers,  and  the  public. 

"A  system  that  breeds  literary  piracy  and  affords  to  authors  and 
their  publishers  no  protection  for  the  fruits  of  their  intellectual  toil  is 
bad  in  morals  and  pernicious  in  practice.  Such  were  the  conditions 
before  the  international  copyright  law  was  put  into  effect.  Now,  by  rea- 
son of  the  protection  afforded,  the  stability  given  to  publishing  enter- 
prises, and  the  inducement  to  activity  in  the  production  of  the  best 
books,  the  good  effects  of  the  law  have  extended  not  only  to  the  per- 
sons above  referred  to,  but  also  to  all  skilled  workmen  engaged  in  the 
productive  industries. 

"  We  have  no  suggestions  to  make  touching  the  better  working  of 
the  present  law,  and  our  only  advice  would  be,  '  Let  it  alone. ' ' 


28       INTERNATIONAL   COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

16.  The  Helman  Taylor  Company,  Cleveland,  Ohio: 

"  In  reply  to  your  inquiry  as  to  the  influence  of  the  international 
copyright  law,  we  would  answer  as  follows: 

''  1.  It  does  protect  author  and  publisher.  It  must,  therefore,  help 
those  who  make  the  books — paper  makers,  type  founders,  printers, 
et  al. 

"2.  It  tends  to  maintain  prices  on  books.  Therefore,  fewer  copies 
of  foreign  books  are  sold,  or  rather  this  would  be  the  natural  tend- 
ency. The  transfer  of  the  right  to  publish  and  the  growth  of 
American  literature  are  great  factors  tending  to  equalize. 

"  3.  The  numerous  cheap  reprints  are  cut  off  and  the  number  of 
readers  decreased  and  reprint  publishers  eliminated,  but  there  js 
doubtless  a  benefit  to  literature  in  general.  The  best  survives  and 
takes  a  permanent  place. 

"4.  As  soon  as  a  good  book  is  ready  to  market  abroad,  the  right  to 
produce  it  here  is  sold  to  some  American  house.  There  may  and  may 
not  be  a  sale  of  plates.  They  publish  it  and  doubtless  can  do  it  in  any 
form  they  wish,  so  cheap  editions  are  not  eliminated.  If  it  is  wise  to 
make  these  and  when  it  is  wise  to  do  so,  they  are  made. 

"  5.  The  public  can  depend  upon  the  integrity  of  a  good  book. 
Competition  before  led  to  the  cutting  out  of  many  pages.  This  need 
not  now  be  done.  Piracy  that  profited  only  those  interested  directly 
could  not  greatly  help  literature. 

"The  law  as  it  is  has  not  hurt  the  consumer,  the  dealer,  or  the  pub- 
lisher. No  one  asks  about  the  law  or  complains  of  it,  so  it  can  not  be 
very  burdensome.  It  should  not  be  changed.  In  general  the  effect 
of  the  law  is  good." 

17.  American  Book  Company,  New  York,  N.  Y.: 

"In  reply  to  your  series  of  inquiries  as  to  the  operation  of  the 
international  copyright  law,  we  submit  the  following  observations: 

"1.  It  is  beneficial  to  publishers  and  book  manufacturers  of  the 
United  States,  who  now  handle  the  entire  volume  of  literary  matter 
used  in  our  country,  except  such  foreign  works  as  do  not  promise  a 
degree  of  success  to  warrant  their  being  set  up  anew,  and  which  are 
consequently  imported  in  small  quantities. 

"2.  All  classes  of  laborers  and  employees  connected  with  the  pro- 
duction and  handling  of  books  benefit  by  the  increased  output.  They 
also  get  better  wages  because  protected  publishers  can  afford  to  pay 
more  liberally. 

"3.  Authors  in  both  countries  derive  royalties  from  the  entire  sales 
of  their  works,  whether  reprinted  or  imported.  Besides,  the  sales 
are  likely  to  be  much  larger  in  a  country  other  than  the  author's  own, 
if  the  foreign  publisher  has  a  remunerative  interest  in  pushing  them. 

"4.  The  advantage  to  the  public  is  found  in  wider  dissemination  of 
the  best  literature  in  its  best  form.  The  harassing  competition  of 


INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES.       29 

cheap  reprints  formerly  discredited  original  works,  burdened  with  a 
royalty  to  American  authors.  Now  there  is  a  fair  field  for  all  alike, 
and  on  the  same  footing.  More  good  books  will  be  published,  and 
these  will  be  more  vigorously  circulated  than  before.  Although 
materials  have  advanced,  from  causes  not  connected  with  the  copy- 
right question,  the  prices  of  standard  books  and  good  editions  remain 
practically  unchanged. 

"5.  More  books  of  the  better  class  will  be  sold  and  fewer  cheap 
reprints.  It  is  impossible  to  estimate  the  percentage. 

"6.  'Piracy'  never  benefited  anybody.  It  robbed  the  authors, 
tempted  publishers  to  wrong-doing,  reduced  printers  to  starvation 
wages,  and  demoralized  the  reading  public.  Nobody  respected  the 
cfignity  of  literature  when  it  was  served  so  unworthily. 

"7.  In  our  own  practice  there  has  been  as  yet  no  exchange  of  plates 
with  European  publishers.  The  feature  of  the  law  requiring  that 
type  for  books  reprinted  in  this  country,  under  license  from  foreign 
authors  or  publishers,  must  be  set  up  anew,  is  in  conflict  with  the 
natural  laws  of  trade  and  largely  defeats  its  own  purpose.  Many  books 
which  would  in  the  aggregate  enjoy  a  very  large  circulation  are  prac- 
tically shut  out  of  our  market  by  this  provision.  Publishers  should  be 
permitted  to  purchase  plates  from  the  original  type,  wherever  set  up. 

"  8.  We  believe  the  international  copyright  law  to  be  a  long  step  in 
the  right  direction,  but  a  little  amendment  would  greatly  improve  it. 
We  suggest: 

"(a)  For  reasons  given  above,  elimination  of  the  requirement  that 
plates  should  be  made  in  this  country. 

"(J)  We  deprecate  the  necessity  of  holding  up  an  edition  in  the 
country  of  its  first  production  until  copies  can  be  sent  abroad  for 
simultaneous  publication,  entailing  loss  of  valuable  time  and  much  pub- 
lic discontent.  Copyright  should  be  obtainable  in  a  foreign  country 
within  sixty  days  after  publication  at  home. 

"(c)  Further,  it  would  be  well  to  extend  as  rapidly  as  possible  the 
zone  of  copyright  protection.  In  several  countries,  notably  Japan  and 
the  Spanish-American  countries,  the  rights  of  our  authors  and  publish- 
ers are  scandalously  disregarded.  ,  It  appears  that  our  copyrights  are 
not  respected  even  in  Cuba,  and  we  know  of  no  law  to  protect  them 
there. 

"  So  bold  have  become  the  Japanese  reprinters  that  a  large  shipment 
of  reprinted  American  schoolbooks  from  that  country  has  recently 
been  seized  by  the  customs  authorities  in  Portland,  Oreg.  These 
books  were  made  standard  in  the  schools  of  Japan  by  the  enterprise 
of  American  publishers.  Their  adoption  introduced  the  English  lan- 
guage into  the  Japanese  system  of  education,  with  large  advantage  to 
American  influence,  but  reprinters  made  the  trade  impossible  and  the 
American  agencies  were  withdrawn.  The  reprints,  however,  are  still 


30      INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

the  standard  texts  of  Japan.  As  that  country  is  favorable  to  the  Con- 
vention of  Berne — if  it  has  not  alreadj7  subscribed  to  it — it  would  seem 
to  be  more  progressive  than  the  United  States." 

18.  American  Copyright  League,  New  York,  JV.  Y. : 

"In  response  to  the  questions  regarding  the  operation  of  the  inter- 
national copyright  law  which  you  have  done  me  the  honor  to  asK  me 
to  answer,  I  beg  to  hand  you  the  following  replies.  In  regard  to  the 
amendment  of  the  law,  1  think  that  new  legislation  is  needed  to  abolish 
the  manufacturing  clause  on  books  in  foreign  languages,  which  has 
been  of  no  benefit  to  anybody,  and  upon  which,  from  what  was  said  to 
me  by  the  official  representative  of  the  typographical  unions  just  after 
the  passage  of  the  law,  they  set  no  store.  As  the  law  stands  it  is  not 
clear  whether  a  German  author  can  obtain  copyright  by  printing  her*e 
the  original  or  the  translation,  or  whether  he  must  print  both.  As 
things  stand  he  prints  neither.  Although  I  am  secretary  of  the 
American  Copyright  League  (as  I  was  at  the  time  of  the  passage  of  the 
law),  I  do  not  now  speak  for  it,  but  on  my  individual  responsibilit}' 
only. 

"1.  Has  the  international  copyright  law  been  detrimental  or  bene- 
ficial to  publishers  or  book  manufacturers,  and  in  what  respects  ? 

"Answer.  In  my  opinion  the  law  has  been  both  morally  and  mate- 
rially of  much  benefit  to  the  entire  publishing  business.  It  has  first 
of  all  substituted,  so  far  as  foreign  books,  music,  and  art  are  con- 
cerned, a  stability  of  secure  ownership  instead  of  a  precarious  chance 
of  obtaining  returns  from  the  publication  of  books  which  anybody 
might  publish.  I  believe  it  would  be  found  that  not  one  publisher 
would  relinquish  this  condition  of  stability  and  security  in  reaping 
what  he  sows  to  go  back  to  the  old  scramble  of  pirated  editions.  I 
believe  that  not  only  has  the  publishing  output  been  largely  increased 
by  the  law,  but  that  the  quality  of  the  work  done  is  better,  all  of 
which  have  resulted  in  benefit  to  the  reading  public. 

"  2.  The  same  question  in  regard  to  compositors,  bookbinders,  press- 
men, and  employees  generally. 

"Answer.  As  the  business  of  the  publishers  and  book  manufacturers 
has  increased  the  amount  of  work  and  the  amount  of  wages  to  com- 
positors, bookbinders,  pressmen,  and  employees  generally  have  also 
probably  increased.  This  would  be  the  natural  law.  I  know  that 
during  the  past  season  there  has  been  the  greatest  difficulty  in  getting 
out  books  of  which  new  editions  were  called  for.  The  leading  pub- 
lishing houses,  in  New  York  at  least,  have  had  much  difficulty  in  get- 
ting their  work  done  on  time. 

"  3.  The  same  question  in  regard  to  authors,  foreign  and  American. 

"Answer.  Both  the  American  and  the  foreign^authors  are  now  get- 
ting more  for  their  work  than  before  the  passage  of  the  international 
copyright  law — the  foreigner  because  he  has  rights  in  this  market 
which  he  can  sell,  which  before  he  did  not  have;  the  American  because 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       31 

he  has  no  longer  to  compete  with  stolen  goods.  1  believe  there  is  not 
an  author  of  any  note  in  America  who  is  not  getting  more  for  his 
work  than  he  did  before.  This  is  largely  due  to  the  increase  of  cheap 
magazines  and  to  the  larger  editions,  which  enable  the  publishers  to 
pay  more  to  the  author.  At  the  same  time  the  publisher  is  receiving 
a  smaller  proportion  and  the  author  a  larger  proportion  of  the  returns 
of  the  book. 

"4.  The  same  question  in  regard  to  the  book-purchasing  public. 

"Answer.  I  believe  that  the  book-purchasing  public  is  better  served, 
with  editions  better  in  quality  and  cheaper  in  price  than  before.  This 
is  particularly  true  with  regard  to  American  fiction  and  history,  which 
now  seem  to  be  ruling  the  market.  The  development  of  our  own 
literature,  which  was  prophesied  at  the  time  of  the  passage  of  the 
copyright  law,  has  in  due  time  come  to  pass. 

"5.  Has  the  law  increased  or  reduced  the  sellling  price  of  books? 
By  how  much  percentage  ? 

"Answer.  This  is  a  question  which  a  practical  publisher  would  be 
better  qualified  to  answer  than  I. 

"6  and  7.  The  answer  to  the  fifth  question  applies  also  to  these 
questions.  I  do  not  think  it  was  ever  beneficial  to  printers  or  to  pub- 
lishers to  engage  in  the  piratical  business,  although  no  doubt  some 
grew  rich  at  it.  I  think  public  sentiment  has  got  past  considering 
this  aspect  of  the  question.  To  abolish  the  copyright  law  would  be  to 
plunge  back  into  moral  chaos. 

"8.  This  question  is  too  large  in  its  scope  and  too  vague  for  me  to 
say  more  than  that  I  believe  everybody,  except  a  few  piratical  houses, 
is  better  off  for  the  passage  of  the  international  copyright  law.  I 
believe  it  was  the  poet  Longfellow  who  said  that  justice  is  a  good 
principle  that  works  well  in  all  directions.  I  ought  to  add  as  a  special 
point  that  when  the  question  of  pecuniary  advantage  to  the  laboring 
man  is  considered  one  should  take  into  account  the  enormous  increase 
in  the  amount  of  money  spent  in  advertising  books  and  for  advertis- 
ing in  magazines  and  other  periodicals  which  have  indirectly  grown 
out  of  the  securer  state  of  affairs.  A  comparison  of  the  amount  of 
advertising  in  the  leading  magazines  for  the  five  years  before  the  law 
was  passed  with  that  for  the  last  five  years  will  show  an  enormous 
increase,  and  the  increase  in  the  number  of  magazines  has  been  very 
large.  This  advertising  and  these  magazines  have  been  set  by  labor- 
ing men  and  printed  and  bound  by  laboring  men,  and  in  many  other 
ways — direct  as  well  as  indirect — the  laboring  people  have  been 
largely  benefited  by  the  law." 

19.    Wm.  W.  Appleton  (of  D.  Appleton  &  Co.},  New  York,  N.  Y.: 

"I  think  that  your  questions  regarding  the  effects  of  international 
copyright  may  be  answered  briefly  as  follows: 

"1.  The  law  has  been  beneficial  because  publishers  have  been  ena- 
bled to  have  a  market  for  the  books  of  their  authors,  and  there  has 


32       INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

been  an  increase  in  the  amount  of  book  manufacturing  done  in  this 
country. 

"  2.  Foreign  authors  have  been  obviously  aided  by  the  fact  that  they 
have  received  large  payments  for  American  book  and  serial  rights 
which  were  formerly  of  comparatively  slight  value  on  account  of  expos- 
ure to  piracy.  American  authors  have  profited  largely,  as  shown  by 
recent  successes  and  by  the  increased  demand  for  works  by  American 
authors  in  all  departments  of  literature. 

"3.  The  public  have  gained  in  securing  a  wider  range  of  accessible 
books  and  a  very  much  larger  number  of  books  dealing  with  their  own 
country. 

"  4.  There  has  been  an  increase  in  the  number  of  books  sold,  notably 
in  American  books.  Percentage  impossible  to  determine.  On  the 
whole  the  law  has  not  affected  the  selling  prices  of  books. 

' '  5.  On  the  whole,  probably  not.  Some  piratical  firms  secured 
large  returns,  but  in  some  cases  the  competition  of  pirates  among 
themselves  proved  injurious  to  them.  This  is  a  difficult  question,  and 
it  is  impossible  to  answer  it  definitely.  It  is  certain,  however,  that 
the  printers  have  gained  enormously  in  both  quantity  and  quality  of 
work  since  the  passage  of  the  law. 

"  6.  American  publishers  constantly  endeavor  to  sell  duplicate  plates 
to  England,  and  frequently  do  this.  Books  published  in  combination 
with  English  publishers  are  set  up  here,  and  plates  supplied  to  Eng- 
land. While  plates  are  occasionally  bought  from  England,  the  loss  of 
copyright  attendant  upon  this  would  make  it  obviously  unprofitable 
save  in  the  case  of  unimportant  books,  which  would  never  be  manu- 
factured here. 

"7.  The  law  has  been  advantageous  to  authors,  publishers,  and 
printers.  The  most  needed  improvement  would  be  in  the  clause  requir- 
ing simultaneous  publication.  There  should  be  a  small  time  allowance. 
The  term  of  copyright  should  be  extended  as  a  matter  of  justice.  Also 
copyright  should  protect  books  in  French,  German,  etc.,  when  trans- 
lations are  published  here  simultaneously." 

20.   The  Century  Company,  New  York,  N.  Y.  : 

"  First.  We  think  that  this  law  has  been  beneficial  to  the  publishers, 
as  it  has  enabled  them  to  arrange  with  foreign  authors  on  a  business 
basis  for  the  publication  of  their  works  in  this  country.  The  removal 
of  the  indiscriminate  and  piratical  competition  has  put  them  in  a  posi- 
tion to  publish  these  books  in  good  editions  at  reasonable  prices,  which 
realize  a  fair  profit,  not  only  to  the  author,  but  also  to  the  publisher. 

"Second.  These  results  have  operated  to  the  advantage  of  composi- 
tors, bookbinders,  and  employees  generally.  We  think  there  never 
was  a  time  when  so  many  really  good  books  were  sold  at  more  reasona- 
ble prices  than  those  which  now  prevail,  prices  which  insure  a  fair 
return  to  all  parties  concerned  in  their  production,  manufacture,  and 
sale. 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       33 

"Third.  This  law  has  benefited  authors,  both  foreign  and  American. 
Its  first  effect  was  to  increase  the  sale  of  authorized  editions  of  the 
works  of  foreign  authors,  and  also  to  increase  the  royalty  or  copyright 
paid  to  the  foreign  authors.  But  the  effect  was  almost  immediately 
felt  by  the  American  authors  as  well.  Their  royalties  have  been 
steadily  advanced  until  now  they  average  higher  than  ever  before. 
Some  of  the  greatest  successes  and  largest  sales  of  the  past  year  have 
been  of  books  by  American  authors,  notably  David  Harum,  Richard 
Carvel,  Janice  Meredith,  and  Hugh  Wynne,  some  of  which  have  sold 
almost  half  a  million  copies. 

"Fourth.  The  book-purchasing  public  has  been  benefited  by  the 
elevation  in  the  standard  of  the  books  supplied.  Instead  of  being  read 
hastily  and  thrown  away,  as  was  the  case  with  the  very  cheap  paper 
editions,  books  are  now  much  more  generally  preserved.  The  habit 
of  purchasing  good  editions  and  accumulating  libraries  in  every  house- 
hold has  been  enormously  stimulated  within  the  last  few  years. 

"Fifth.  This  elevation  in  standard  has  been  without  any  increase  in 
the  price  of  really  good  books,  which  are  now  sold  at  practically  the 
same  prices  as  heretofore.  There  may  be  fewer  of  the  very  cheap 
paper-covered  books  sold;  but  on  the  other  hand  there  has  never  been 
a  time  when  such  enormous  quantities  not  only  of  good  novels  but  of 
standard  books  and  works  of  reference  in  good  editions  have  been  sold 
as  now. 

"  Sixth.  We  do  not  think  that  piracy  as  practiced  prior  to  the  enact- 
ment of  the  present  law  was  beneficial  to  anyone. 

"  Seventh.  So  far  as  we  know,  the  American  and  English  publishers 
do  not  exchange  plates  to  any  great  extent.  We  ourselves  do  very 
little  of  it,  and  we  are  inclined  to  think  that  there  are  more  American 
plates  sent  to  Europe  than  English  plates  brought  here. 

"As  will  be  seen  from  the  above,  our  general  opinion  as  to  the 
operation  and  effect  of  the  international  copyright  law  is  that  it  has 
been  beneficial  to  all  concerned." 

21.  Dodd,  Mead  &  Co.,  New  York,  N.  T.: 

"These  questions  can  hardly  be  answered  specifically.  We  do  not 
know  of  any  sufficient  data  available  upon  which  an  authoritative 
opinion  can  be  founded.  Since  the  international  copyright  law  was 
enacted  nine  years  ago  material  changes  have  occurred  affecting  many 
conditions  in  the  publishing  trade,  and  international  copyright  has 
undoubtedly  had  a  share  in  bringing  about  these  changes,  but  its 
influence  can  hardly  be  separated  from  other  influences  and  clearly 
defined.  We  venture  to  say,  however,  that  it  can  not  be  shown  that 
the  operations  of  this  law  have  proved  adverse  to  any  of  the  interests 
above  enumerated.  In  considering  its  beneficial  effects  it  should  be 
borne  in  mind  that  international  copyright  has  essentially  ethical 
S.  Doc,  87 3 


34       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

characteristics  as  well  as  economic,  and  that  its  true  basis  is  in  justice 
and  equity. 

"Contrasting  the  conditions  existing  to-day  in  the  publishing  and 
book  manufacturing  trades  in  this  country,,  with  those  of  ten  yours 
ago,  we  observe — 

"First.  Greater  literary  activity  and  productiveness  on  the  part  of 
citizens  of  this  country. 

"Second.  A  marked  increase  in  the  number  of  books  written  by 
American  authors,  some  of  which  have  attained  unprecedented  popu- 
larity and  immense  sales. 

"Third.  An  increased  production  and  distribution  of  books  gen- 
erally and  of  magazines,  great  numbers  of  them  at  prices  lower  than 
at  any  previous  period. 

"Fourth.  Authors,  both  American  and  foreign,  better  paid  as  a 
rule  than  heretofore. 

"Fifth.  A  considerable  development  and  improvement  in  the 
mechanical  processes  connected  with  typernaking,  typesetting,  print- 
ing, and  binding. 

"Sixth.  Compositors,  electrotypers,  and  printers  receiving  higher 
wages  with  shorter  hours. 

"Seventh.  A  growing  tendency  with  publishers  in  this  and  foreign 
countries  to  set  up  and  print  copyright  editions  of  the  same  book, 
each  in  his  own  country,  instead  of  exchanging  plates. 

"How  far  these  conditions  have  been  the  result  of  or  influenced  by 
international  copyright  we  can  not  say  and  leave  others  to  determine, 
but  we  believe  that  the  general  effects  of  the  law  have  been  altogether 
beneficial,  whether  regarded  from  an  ethical  or  economic  standpoint. 

"We  think  that  the  term  for  which  copyright,  both  domestic  and 
foreign,  is  granted,  could  be  wisely  extended  and  brought  into  con- 
formity with  that  of  Great  Britain  and  other  European  countries,  and 
that  international  cop}Tright  should  be  made  to  protect  completely  in 
this  country  the  work  of  an  author  (resident  in  a  foreign  country  hav- 
ing reciprocal  copyright  arrangements  with  the  United  States)  written 
in  another  language,  but  published  here  in  an  English  translation  only. 

"Under  the  existing  law  a  translation  set  up  and  published  here 
simultaneously  with  the  original  work  in  a  foreign  country  is  pro- 
tected by  copyright,  but  the  original  work  is  not  protected,  so  that 
other  unauthorized  translations  can  be  made  and  published  subse- 
quently, thus  often  depriving  the  author  of  the  benefits  the  inter- 
national copyright  law  is  supposed  to  have  conferred  upon  him." 

22.  Doulleday,  Page  &  Co,  New  Yoi^k,  N.  Y.: 

This  establishment  expresses  the  opinion  that  the  law  in  question 
has  been  beneficial  in  eveiy  way  to  publishers,  book  manufacturers, 
compositors,  bookbinders,  pressmen,  and  employees  generally;  also  to 
authors,  foreign  and  American,  and  to  the  book-purchasing  public; 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       35 

that  it  has  increased  the  price  of  good  editions,  or  has  caused  good 
editions  to  take  the  place  of  poor  ones;  that  piracy  was  beneficial  to 
printers  only,  but  not  to  'good  printers';  that  very  few  American 
plates  are  sent  to  Europe  and  that  practically  no  European  plates 
come  to  America;  and  that  the  law  would  be  improved  by  striking 
out  the  manufacturing  clause,  by  extending  the  period  of  copyright, 
and  by  amending  the  law  so  as  to  do  away  with  the  requirement  for 
simultaneous  publication. 

23.  A.  P.  DiMon  &  Co.,  New  York,  N.  Y.: 

This  establishment  believes  the  law  to  have  been  beneficial  in  its 
general  operation  and  effect,  but  has  not  submitted  a  formal  expres- 
sion of  its  views." 

24.  Theo.  L.  DeVinne  c§  Co.,  New  York,  N.  Y.: 

"In  answer  to  questions  we  have  to  reply  that  the  international 
copyright  law  has  been  beneficial  to  master  printers.  We  can  not 
speak  for  publishers,  but  believe  that  the  law  has  been  of  benefit  to 
them.  All  operatives  who  have  to  contribute  to  the  manufacture  of 
books  share  in  the  general  benefit.  Yet  the  number  of  books  first 
made  in  our  house  but  written  by  foreign  authors  is  small  as  com- 
pared with  those  of  American  authors.  Under  the  operation  of  the 
old  law  most  of  the  books  of  foreign  writers  would  not  have  been 
made  for  the  first  time  in  this  country. 

"  We  rarely  have  any  direct  dealing  with  foreign  authors  and  can 
not  answer  too  confidently,  but  we  believe  they  are  content.  The 
American  author  makes  no  complaint  of  the  new  law. 
.  "  The  book-purchasing  public  as  a  class  do  not  complain.  The  desire 
for  foreign  editions  of  ordinary  books  is  abating,  for  American  work- 
manship is  much  better  than  it  was  during  the  past,  and  is  generally 
satisfactory.  The  buyer  of  limited  editions  of  books  on  art  or  tech- 
nology of  any  kind  (limited  not  by  the  luxury  of  workmanship  but  by 
its  small  demand  everywhere)  has  a  right  to  complain  of  the  inordinate 
duty  exacted.  The  taxing  of  books  of  instruction  that  can  not  be 
reprinted  in  this  country,  and  that  have  few  buyers  at  best,  is  a  damage 
to  education. 

"Books  have  been  selling  at  low  prices — too  low  for  profit — but 
decline  in  price  may  be  attributed  more  to  cheap  paper  and  improved 
machinery  than  to  the  operation  of  the  copyright  law.  It  is  not  prob- 
able that  prices  will  be  less.  With  advance  in  cost  of  paper  and  the 
shortening  of  hours  of  labor,  there  must  follow  an  advance  in  cost  of 
bookmaking. 

"  Piracy  never  benefited  any  interest.  The  competition  it  provoked 
brought  with  it  severe  penalties.  Unauthorized  reprints  have  been  a 
loss,  as  a  rule,  to  publisher  as  well  as  author. 

' '  Electrotype  plates  of  books  made  here  are  sold  abroad.  They  are 
not  lent  or  exchanged.  Foreign  plates  of  new  type  work  are  now 
seldom  seen  in  any  New  York  printing  house. 


36       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

"We  have  no  recommendation  to  make  concerning  the  existing 
copyright  law  except  in  one  feature.  The  law  that  compels  the  reen- 
graving  of  expensive  plates  in  this  country  for  books  saleable  to  a 
very  small  class  is  not  just  to  the  buyer." 

25.  It.  F.  Fenno  &  Co.,  New  York,  N.  Y: 

"  Replying  to  your  inquiries  in  regard  to  the  international  copy- 
right law,  would  say  that  our  experience  has  been  confined  almost 
entirely  to  fiction,  and  we  presume  that  the  law  has  affected  this  line 
more  than  any  other,  as  most  of  the  scientific  and  heavier  classes  of 
literature  are  imported  manufactured  complete,  as  thpy  were  before 
the  days  of  the  international  copyright  law. 

"The  law,  in  our  opinion,  has  been  especially  beneficial  to  publish- 
ers, as  they  are  now  enabled  by  the  payment  of  a  royalty  or  certain 
stipulated  sum,  to  obtain  sole  right  of  publication  in  this  country, 
whereas  formerly  all  of  the  popular  books  were  issued  in  many  edi- 
tions. This  benefit  to  the  publisher  is  also  shared  by  the  bookbinders; 
the  pressman  is  not  benefited  in  the  same  way,  because  the  sale  is  more 
restricted  and  thus  less  editions  printed.  The  compositor,  however, 
we  do  not  think  suffers,  because  the  practice  in  the  old  days  was  to  set 
one  set  of  plates  and  sell  duplicates  to  the  other  publishers. 

"The  foreign  authors  have  been  especially  benefited,  because  they  are 
now  receiving  compensation,  where  before  it  was  seldom  or  ever  that 
they  were  paid.  The  American  author  of  the  first  class  is  also  undoubt- 
edly benefited  by  the  protection  he  receives  abroad,  but  the  American 
authors  of  the  second  and  third  class  have  been,  in  our  opinion, 
seriously  injured,  because  the  market  to-day  is  supplied  for  magazine 
and  periodical  purposes  to  a  large  extent  by  foreign  authors,  whereas 
before  the  passage  of  the  bill  this  field  was  occupied  almost  entirely 
by  the  American  author. 

"The  book-purchasing  public  are  paying  to-day  two  to  three  times 
as  much  for  their  new  books  as  they  were  before  the  passage-of  the 
bill,  and  thus  the  sale  of  the  new  book  is  restricted  to  a  class  that  are 
able  to  pay  this  advanced  price,  whereas  on  the  other  hand  the  large 
series  which  formerly  contained  all  of  the  new  English  fiction  have 
had  few  or  no  additions  made  to  them  in  the  last  nine  years,  and  con- 
sequently the  old  books  that  were  in  these  series  are  to-day  sold  on  the 
market  for  half  the  price  that  they  were  formerly,  thus  placing  within 
the  reach  of  the  book-purchasing  public  about  3,000  titles  of  noncopy- 
right  fiction  at  prices  far  below  what  they  formerly  were,  and  this  we 
believe  was  occasioned  by  the  series  not  being  able  to  keep  up  to  date 
with  the  new  matter. 

"We  believe  what  you  term  piracy  prior  to  the  enactment  of  the 
present  law  was  beneficial  to  the  printer  and  pressman  and  to  the  gen- 
eral public,  but  not  to  the  publisher. 

"  We  believe  that  there  are  few  American  plates  sent  abroad,  whereas 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       37 

there  are  a  large  number  of  English  plates  (though  inferior  to  Ameri- 
can ones)  imported  into  this  country. 

"  We  believe  the  law  as  it  now  stands  is  in  most  respects  satisfactory 
to  the  general  public,  and  should  not  seriously  be  changed,  and  espe- 
cially do  we  believe  that  copyright  should  not  be  perpetual." 

26.  Henry  Holt  &  Co.,  New  York,  N.  T.: 

"The  international  copyright  law  I  have  found  in  an  eminent  degree 
beneficial  to  publishers.  Now  a  man  who  has  made  a  set  of  plates  is 
protected  in  the  enjoyment  of  such  profits  as  they  are  capable  of  pro- 
ducing, and  his  author  is  protected  with  him.  Under  the  old  dispensa- 
tion a  few  publishers  of  capital  and  enterprise  tested  the  foreign  books. 
As  soon  as  one  turned  out  successful  some  pirate  made  another  set  of 
plates  to  participate  in  the  profits,  and  frequently  several  pirates  made 
sets  of  plates,  often  with  the  result  of  the  profits  being  divided  among 
so  many  that  they  aggregated  less  than  nothing  at  all.  It  is  plain  that 
in  such  cases,  where  authors  generally  could  receive  only  volunteered 
profits,  none  were  volunteered  by  people  who  published  illegitimately, 
and  those  who  published  regularly  were  not  able  to  volunteer  any  rea- 
sonable portion  of  what  otherwise  might  have  been  possible. 

"In  regard  to  'compositors,  bookbinders,  pressmen, and  employees 
generally,'  1  can  only  say  that  we  undertake  a  great  many  more  books 
now  that  we  are  sure  of  reaping  where  we  sow,  than  we  did  where  we 
were  equally  sure  that  somebody  else  would  come  in  to  reap  while  we 
had  the  whole  expense  of  sowing. 

"The  question  regarding  foreign  authors  is  already  answered. 
.  Regarding  American  authors,  it  is  perfectly  plain  that  when  the  works 
of  foreign  authors  could  be  had  for  nothing,  nobody  was  going  to  pay 
very  much  for  the  works  of  American  authors. 

"In  regard  to  the  book-purchasing  public,  an  indication  suggestive 
of  the  whole  field,  and  conclusive  regarding  its  most  important  part, 
is  contained  in  the  fact  that  for  many  years  before  the  passage  of  the 
international  copyright  law,  and  even  for  some  years  after  it,  although 
the  country  was  flooded  with  cyclopedias  to  a  vastly  greater  extent 
than  ever  before,  there  was  not  a  single  cyclopedia  meeting  the  require- 
ments of  average  American  writers.  The  variety  of  foreign  cyclo- 
pedias, prepared  only  to  meet  the  needs  of  foreign  writers,  so  filled 
the  market  that  American  publishers  refrained  from  starting  new  ones 
or  even  keeping  old  ones  up  to  date.  Johnson  has  been  brought  up 
to  date  since  the  law  was  passed,  and  others  are  only  waiting  for  the 
census  of  1900. 

"The  question  whether  the  law  has  increased  or  reduced  the  selling 
price  of  books  is  very  complex.  I  should  say,  on  the  whole,  that  it 
has  tended  to  make  the  difference  inevitable  between  goods  that  are 
paid  for  and  goods  that  are  stolen,  but  it  has  not  shut  out  the  public 
from  cheap  editions  "of  good  books.  After  a  good  profit  has  been 


38      INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

realized  from  a  good  edition  the  publisher  is  generally  ready  to  sup- 
ply a  cheap  one.  Instance:  as  foreign,  our  edition  of  The  Prisoner  of 
Zenda,  and  as  American,  our  edition  of  The  Honorable  Peter  Stirling. 
In  each  case  we  and  the  authors  reaped  handsome  profits  from  the 
cloth-bound  editions,  and  after  the  crop  was  gathered,  we  published 
editions  of  100,000  each  in  paper  for  popular  circulation. 

"'Was  piracy  as  practiced  prior  to  the  enactment  of  the  present 
law  beneficial  to  printers  or  to  publishers  ? '  Even  before  the  enact- 
ment of  the  law  the  pirates  had  virtually  all  failed,  some  of  them 
several  times.  Whether  they  paid  their  printers'  bills  or  not  I  am 
unable  to  say.  You  can  probably  judge  as  well  as  I. 

"American  and  European  publishers  do  exchange  plates.  The 
plates  of  brief  books  like  novels  are  generally  made  in  both  countries; 
the  plates  of  larger  books  are  generally  made  only  in  the  country  of 
their  origination,  because  such  books  are  not  generally  worth  copy- 
righting; the  temptation  to  steal  them  is  too  small,  the  expense  of 
doing  so  too  great.  If  anybody  expected  that  the  restriction  of  copy- 
right to  books  whose  plates  were  set  in  America  was  going  to  make 
any  very  material  difference  in  the  printing  industry,  I  can  not  quite 
see  how  it  has  been  accomplished. 

"My  'general  opinion  as  to  the  operation  and  effect  of  the  interna- 
tional copyright  law '  is  contained  in  the  foregoing. 

"As  to  the  accompanying  question,  in  what  respects  it  should  be 
amended  or  changed,  I  would  say: 

"(I)  It  is  an  open  question,  apparently  not  even  of  enough  impor- 
tance to  have  been  presented  for  adjudication  during  the  nearly  ten 
years  in  which  the  law  has  been  in  operation,  whether  sole  right  of 
translating  a  foreign  book  can  be  secured  in  the  United  States  unless 
the  original  has  been  published  in  America  from  type  set  here.  As 
the  question  has  never  been  adjudicated,  it  is  of  course  of  little  or  no 
public  consequence;  but  it  is  of  consequence  to  a  few  authors  and 
publishers,  for  the  reasons  already  given  why  copyright  is  of  con- 
sequence. The  law  should  be  amended  so  as  to  put  beyond  all  ques- 
tion the  sole  right  to  translate  without  the  necessity  of  setting  the 
original  here. 

"(II)  The  demand  for  simultaneous  publication  in  two  countries 
works  much  inconvenience  without  any  apparent  compensation.  We 
have  constantly  to  postpone  books  beyond  the  propitious  moment  for 
publication,  or  to  hurry  them  at  undue  cost  of  money  and  convenience 
and  undue  sacrifice  of  workmanship,  for  the  sake  of  publishing  on  the 
day  appointed  in  England,  and  obstacles  and  accidents  met  by  a 
publisher  on  one  side  or  the  other  are  constantly  upsetting  the 
reasonable  calculations  of  the  publisher  on  the  other  side.  The 
apparent  motive  of  this  demand  for  a  simultaneous  publication  was  to 
prevent  a  book  being  copyrighted  in  America,  a*nd  either  kept  out  of 
the  market  by  a  failure  to  issue  an  edition  here,  or  the  market  sup- 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       39 

plied  by  the  English  edition.  The  results  could  probably  be  met,  and 
all  the  difficulties  obviated  by  a  provision  that  a  notice  of  intention  to 
copyright  should  be  filed  here,  and  that  after  the  filing  of  said  notice, 
the  American  edition  should  be  published  within  some  reasonable 
period,  say  two  or  three  months,  to  allow  time  for  manufacturing, 
etc.,  during  which  period  foreign  copies  could  not  be  imported. 

"(Ill)  The  manufacturing  clause,  so  far  as  I  can  see,  has  been  of 
little  or  no  particular  use  to  printers^  for  the  reasons  already  given  in 
regard  to  large  works.  So  far  as  it  is  of  use,  it  is  a  tax  on  the  public 
in  general  by  making  this  country  needlessly  bear  the  entire  expense 
of  composition  and  stereotyping.  Without  such  a  clause,  this  coun- 
try could  share  this  expense  with  England.  I  don't  know  how  practi- 
cal it  is  to  advocate  the  repeal  of  the  clause,  and,  of  course,  I  don't  • 
look  upon  it  from  the  point  of  view  of  one  solely  interested  in  manu- 
facturing, to  whom  it  might  appear  of  more  importance  than  it  does 
to  me. 

"(IV)  Legislative  or  judicial  aid  is  needed  to  guard  an  author's 
control  (through  his  publisher,  of  course)  of  the  form  and  price  of 
his  book.  These  are  most  important  elements  of  success,  and  tax  the 
best  judgment.  Often,  for  example,  an  edition  for  25  cents  can  run 
beside  an  edition  at  a  dollar  and  a  half  at  a  good  profit  on  both.  So 
far  as  decisions  have  yet  gone,  under  the  present  law,  an  unauthorized 
person  can  buy  up  a  large  quantity  of  the  25-cent  edition,  bind  it 
cheaply,  and  sell  it,  say,  for  a  dollar,  in  opposition  to  the  regular  dol- 
lar and  a  half  edition.  In  such  a  case  an  author  gets  only  his  royalty 
on  the  cheap  edition,  and  even  that  at  a  specially  low  percentage — 
quite  probably  but  5  instead  of  the  10  usual  on  a  fine  edition,  which, 
in  the  case  in  illustration,  would  be  but  1£  cents,  instead  of  the  15 
cents  he  would  get  on  the  dollar  and  a  half  book  whose  sale  is  killed 
by  the  unauthorized  bound  copy  of  the  cheap  edition.  In  such  a  case, 
of  course,  the  unauthorized  binder  claims  that  the  copy  he  sells  'has 
paid  royalty.'  He  ignores  the  question,  'What  royalty?' 

"(V)  Our  present  limit  of  copyright  is,  I  believe,  the  shortest  in 
the  civilized  world,  and  certainly  should  be  extended  to  cover  the  life- 
time of  the  author  and  those  dependent  upon  him.  The  profession  is 
poorly  paid  at  best,  and  very  frequently  those  who  deserve  most  are 
paid  least. 

''These  points  and  others  which  are  constantly  arising,  really 
demand  for  their  settlement  much  expert  knowledge,  and  I  think  it  is 
the  universal  opinion  of  those  best  qualified  to  judge,  that  we,  like 
England,  should  have  a  permanent  copyright  commission  to  make  all 
needful  investigation  and  recommend  all  needful  legislation." 

27.  Funk  &  Wagnalls  Company,  New  Ywk,  N.  Y.  : 

"1.  We  believe  the  international  copyright  law  has  been  beneficial 
to  publishers.  Among  the  reasons  for  this  belief  are  these:  Publishers 
can  arrange  for  the  productions  of  foreign  authors  noW  with  a  certainty 


40      INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

as  to  copyright  protection;  the  danger  of  piracy  is  eliminated.  This 
feature  of  the  law  enables  publishers  to  broaden  their  line  of  publica- 
tions. The  reciprocative  feature  of  the  law  makes  it  possible  for  pub- 
lishers to  undertake  enterprises  in  which  reference  works  of  the 
highest  grade  are  produced,  requiring  vast  outlay  of  capital,  because 
they  can  have  an  enlarged  foreign  market. 

"2.  We  also  believe  the  law  has  been  beneficial  to  compositors, 
pressmen,  bookbinders,  and  employees  generally  in  that  line  of  manu- 
facture, for  the  same  reasons  that  enable  publishers  to  enlarge  their 
lines  of  publications,  as  all  works  of  foreign  writers  must  be  set  up, 
plates  made,  printed,  and  bound  here.  The  same  reason  applies  for 
all  large  enterprises  of  reference  works,  which  seek  not  only  a  home 
"market,  but  a  widening  foreign  market. 

"3.  That  the  law  is  beneficial  to  foreign  authors  goes  without  sa}^- 
ing;  but  we  believe  it  is  beneficial  to  American  authors  because  of  the 
enlarged  field  of  copyrighted  protection  afforded  them  in  foreign  coun- 
tries which  reciprocate  the  provisions  of  the  law. 

"4.  We  believe  the  law  has  been  a  benefit  to  the  book-buying  pub- 
lic, because  the  protection  the  law  affords  and  the  enlarged  foreign 
field  which  reciprocity  makes  possible,  encourages  the  launching  of 
publishing  enterprises  in  which  reference  works  of  the  highest  grade 
of  practicable  scholarship  are  produced.  Thus  the  book-buying  public 
receives  more  useful  and  valuable  reference  works  than  would  be 
probable  under  the  loose,  uncertain  conditions  that  existed  before. 

"Referring  to  our  own  experience,  we  would  say,  such  a  costly  work 
as  the  Standard  Dictionary,  requiring  an  outlay  of  over  one  million 
of  dollars,  would  not  have  been  undertaken;  nor  would  such  a  large, 
exhaustive  work  as  the  Jewish  Encyclopedia,  now  in  progress,  requir- 
ing the  collaborations  of  nearly  300  of  the  most  eminent  scholars  from 
all  parts  of  the  globe,  at  an  expenditure  of  some  hundreds  of  thou- 
sands of  dollars,  be  considered  for  a  moment  were  it  not  for  the  ben- 
eficial protection  and  reciprocative  possibilities  of  the  international 
copyright  law. 

"5.  We  do  not  believe  the  law  has  any  effect  on  the  selling  price  of 
books,  neither  increasing  nor  reducing  prices,  when  the  material  and 
mechanical  qualities  are  compared. 

"6.  We  believe  piracy  as  practiced  prior  to  the  enactment  of  the 
present  law  was  beneficial  neither  to  printers  nor  publishers.  When- 
ever a  publisher  would  reprint  an  uprotected  book,  he  had  to  consider 
the  danger  of  rival  publications  of  the  same  work.  If  such  a  book  fell 
flat  on  the  market,  his  loss  was  obvious  to  other  publishers,  and  the 
printer  received  no  more  orders  to  print.  If  the  book  was  regarded 
as  a  '  hit,'  rival  publishers,  especially  those  who  were  inexperienced, 
would  rush  into  the  market  with  their  competitive  editions.  There 
would  be  a  seeming  increase  in  the  sale  and  manufacture  of  the  pirated 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       41 

books,  but  invariably  overproduction  would  soon  be  the  result  and  the 
consequent  demoralization  in  the  trade  would  be  inevitable.  This 
would  hurt  the  printer  as  well  as  the  publisher. 

"7.  In  response  to  the  suggested  inquiry,  'Do  American  and  Euro- 
pean publishers  exchange  plates  ?'  we  would  observe  that  if  by  the 
exchange  of  plates  is  meant  an  exchange  for  the  purpose  of  evading 
some  of  the  requirements  of  the  law,  then  we  would  sajr  we  know  of 
no  such  instance  and  doubt  if  ever  such  would  take  place.  If  by  the 
inquiry  it  is  intended  to  find  out  if  American  publishers  purchase  book 
plates  in  Europe,  and  vice  versa,  we  would  answer,  they  do.  But  it 
is  only  in  such  cases  where  a  book  is  not  copyrighted  here,  and  as  the 
importer  of  such  has  no  protection  from  piracy,  naturally  he  would 
purchase  plates  of  such  works  which  are  not  popular  enough  to  encour- 
age piracy. 

"8.  In  general  our  opinion  is  that  the  operation  of  the  international 
copyright  law  is  beneficial  to  all  parties  concerned.  We  are  of  the 
settled  conviction  that  it  would  be  injurious  to  repeal  the  law. 

"As  to  the  amendment  of  the  law,  we  would  not  favor  any  ill- 
advised  changes.  We  rather  would  let  the  law  stand  as  it  is.  Our 
greater  concern  is  to  have  our  Government  secure  reciprocity  in  copy- 
right with  all  other  countries,  no  matter  how  dissimilar  the  language 
of  the  people  may  be.  For  example,  Japan  is  a  country  whose  inhabi- 
tants have  customs  and  language  so  greatly  varying  from  our  own 
that  the  demand  for  books  in  English  is  regarded  by  the  book  trade  as 
insignificant.  Yet,  if  we  may  refer  to  our  own  experience,  in  that  very 
country  a  piracy  of  no  less  magnitude  than  that  of  the  entire  Students' 
Standard  Dictionary,  by  a  native  Japanese  printer,  has  been  effected 
within  the  past  three  months.  Naturally  a  book  war  of  dictionaries 
is  raging  at  prices  so  low  that  they  distance  the  record  of  American 
piracy.  The  fact,  then,  that  such  a  costly  book  as  a  dictionary  in  the 
English  language  is  reprinted  in  Japan,  is  evidence  of  the  possibility 
for  American  books  in  the  land  of  the  Mikado.  Surely  the  extension  of 
international  copyright,  rather  than  curtailment  or  repeal,  should  be 
the  policy  of  the  American  people." 

28.  Harper  Brothers,  New  York,  JV.  Y. : 

"1.  Has  the  international  copyright  law  been  determined  as  bene- 
ficial to  publishers  or  book  manufacturers  ?  If  so,  in  what  respect  ? 

"It  has  been  beneficial  to  American  publishers  in  the  following 
respects: 

"(«)  It  has  opened  the  market  for  American  books,  which  are  not 
now  handicapped  by  inferior  reprints  of  current  foreign  books. 

"  (b)  It  has  made  the  publisher's  investment  in  foreign  books  more 
secure,  and  not  given  them  simply  a  few  days'  priority.  In  the  absence 
of  international  copyright,  the  works  of  foreign  authors  were  printed 
at  low  prices,  with  a  view  to  discouraging  competition.  Prior  publica- 


42       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

tion  and  the  arrangements  made  with  foreign  authors  were  respected 
by  the  leading  houses,  but  there  was  always  the  probability  of  an 
unauthorized  and  poorly  manufactured  edition  making  its  appearance. 

"The  American  publisher,  being  now  protected  by  copyright,  can 
make  his  price  for  foreign  works  correspond  with  their  importance 
and  place  the  works  of  American  authors  on  an  equal  footing  commer- 
cially with  foreign  works,  and  thereby  build  up  American  literature. 

"In  regard  to  compositors? 

"Compositors  are  benefited  by  the  international  copyright  law,  as 
all  foreign  books  must  be  set  up  here,  and  it  is  not  an  uncommon 
thing  now  to  manufacture  plates  for  both  markets  in  this  country,  the 
English  copyright  law  not  requiring  the  composition  a.nd  manufacture 
of  the  book  in  Great  Britain. 

"Bookbinders,  pressmen,  and  employees  are  not  materially  affected' 
by  the  international  copyright  law.     What  they  lose  in  the  discon- 
tinuance of  some  of  the  very  cheap  issues  of  noncopyrighted  English 
works  they  gain  in  the  growing  popularity  of  American  authors  and 
in  the  superior  quality  of  books  manufactured. 

' '  As  to  foreign  authors  ? 

"  The  most  prominent  writers  do  not  have  such  an  extended  sale  as 
under  the  old  regime;  but  being  protected,  their  market  here  is  more 
secure,  and  new  authors  have  a  better  opportunity  to  dispose  of  their 
works. 

' '  In  regard  to  the  book-purchasing  public  ? 

'"•  Although  libraries  such  as  the  Franklin  Square  and  Seaside  have 
entirely  disappeared,  other  forms  of  cheap  publications  have  taken 
their  place,  so  that  uncopyrighted  volumes  are  still  manufactured  and 
sold  at  lower  prices  than  ever  before. 

"Taking  cloth-bound  novels  as  a  standard,  the  selling  prices  of 
cop3Trighted  works,  including  American  and  foreign  productions,  are 
lower  than  they  were.  This  is  partly  due  to  the  large  discounts 
allowed  by  publishers  to  booksellers,  and  on  their  part  shared  with 
the  public,  which  has  been  rendered  necessary  by  the  increased  com- 
petition between  well-made  books. 

' '  2.  Do  American  and  English  publishers  exchange  plates  ? 

"It  is  unusual  for  English  publishers  to  send  plates  for  the  Ameri- 
can market  on  account  of  the  law  requiring  a  book  to  be  set  up  and 
printed  in  this  country ;  but,  on  the  other  hand,  the  custom  is  growing 
to  supply  the  English  publishers  with  American  plates. 

"3.  In  what  respects  should  the  international  copyright  law  be 
amended  or  changed? 

"There  are  modifications  and  improvements  which  could  be  made 
in  the  present  international  copyright  law.  One  of  the  most  desirable 
is  to  indicate  clearly  that  a  foreign  work  in  its  English  translation  is 
protected  against  an  unauthorized  translation." 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       43 

29.  J.  J.  Little  &  Co.,  New  Tori;  N.  Y: 

44 1.  The  results  of  the  law  have  not  been  uniform.  That  class  of 
publishers  who  depend  largely  on  reprinting  foreign  works  have 
undoubtedly  suffered  by  the  international  copyright  law,  while  others 
have  been  benefited  because  they  were  not  interfered  with  b}r  the 
first-mentioned  class.  Many  of  the  latter  class  have  not  been  honest 
with  the  Government.  It  was  undoubtedly  the  intent  of  the  law  that 
foreign  books  protected  here  by  copyright  should  be  manufactured 
here,  but  that  has  been  evaded  by  many  publishers  importing  dupli- 
cate sets  of  plates  and  then  making  but  a  few  of  the  first  pages  of  the 
book  in  this  country  and  securing  a  copyright  on  those  few  pages, 
thus  making  it  appear  to  cover  the  whole  work. 

44  2.  It  has  benefited  the  printers  to  some  extent,  but  not  as  much  as 
it  was  hoped  or  as  it  should  have,  for  the  reasons  stated  in  answer  to 
the  first  question. 

"3.  We  do  not  think  it  has  been  of  much  benefit  to  American 
authors,  perhaps  on  account  of  the  abuses  mentioned  in  answer  to  the 
first  question.  It  has  undoubtedly  been  of  service  to  the  foreign 
'  author. 

44 1.  No  benefit  has  accrued  to  the  book-purchasing  public,  but 
decidedly  the  reverse. 

44  5.  The  law  has  tended  to  increase  the  selling  price  of  books. 

44  6.  Piracy  was  undoubtedly  beneficial  to  printers  and  bookbinders, 
as  many  publishers  reprinted  the  same  book. 

44 7.  Do  American  and  European  publishers  interchange  plates? 
Are  books  partially  copyrighted  and  the  uncopyrighted  portion  printed 
on  foreign  plates? 

'4  Undoubtedly  this  is  done  to  a  large  extent,  and  it  should  be  stopped, 
and  could  be  without  much  trouble. 

'48.  The  present  law  should  be  strictly  enforced  before  it  can  be 
properly  determined  what  changes  are  desirable  or  necessary  to  protect 
not  only  the  Government  but  all  parties  concerned." 

30.  Longmans,  Green  &  Co. ,  New  York,  N.  Y. : 

44  We  should  say  that  the  operation  of  the  law  has  been  beneficial  in 
every  respect,  in  that  it  has  made  it  possible  for  the  producers  of  books 
to  have  security  of  tenure  with  authors,  and  has  settled  conditions  of 
doing  business  upon  a  fair  basis,  such  as  exists  in  all  other  civilized 
countries. 

44  We  should  say  that  this  benefit  also  applies  to  printers,  binders, 
and  their  employees,  inasmuch  as  a  copyright  has  made  it  possible  and 
desirable  to  produce  many  books  here  which  would  otherwise  not  be 
produced,  and  this  because  of  the  desirability  and  convenience  of 
original  production  in  this  country  rather  than  because  of  any  com- 
pulsory regulations  as  to  typesetting.  Whatever  the  requirements  of 
the  law  in  this  direction  may  be,  the  simple  fact  of  security  of  tenure 
will  induce  a  larger  amount  of  printing  and  manufacturing. 


44       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

"While  the  international  copyright  law  has  undoubtedly  been  of 
great  advantage  to  foreign  authors,  it  has  been  of  still  greater  benefit 
to  American  authors,  inasmuch  as  it  has  given  them  a  fair  field,  and 
has  protected  them  against  the  great  handicap  they  formerly  had  to 
meet  in  competition  with  foreign  material  which  could  be  had  without 
pa3Tment  of  any  kind. 

"The  book-purchasing  public  has  not  been  seriously  affected  by  the 
act,  inasmuch  as  the  ordinary  law  of  supply  and  demand  is  sufficient  to 
protect  the  general  public  against  unfair  prices.  The  effect  of  the  law 
has  not  been  to  innate  prices  unduly,  the  larger  security  afforded  to 
authors,  tending  to  larger  legitimate  sales,  counteracting  any  tenden- 
cies to  marked  advances.  Prices  of  individual  books  being  ruled 
rather  by  the  conditions  of  the  market  for  such  books  than  by  any 
genera]  consideration,  it  is  hardly  possible  to  estimate  changes  upon 
any  basis  of  general  percentage. 

"The  absence  of  copyright  did  not,  in  our  opinion,  tend  to  the 
advantage  of  any  legitimate  manufacturing  industry.  Both  printers 
and  publishers  are  better  off  under  the  more  settled  conditions  which 
now  exist  in  connection  with  this  question. 

"  We  have  little  information  as  to  trade  in  plates  between  British 
and  American  publishers.  We  ourselves  seldom  import  plates,  pre- 
ferring to  set  the  type  of  all  our  copyright  books,  for  reasons  of  sim- 
ple convenience  and  facility  of  business. 

"Copyright  has  brought  the  business  of  publishing,  in  which  term 
we  include  the  writing,  manufacturing,  and  selling  of  books,  upon  a 
stable  basis  which  affords  the  author,  printer,  binder,  and  publisher 
alike  the  opportunity  for  that  legitimate  competition  in  trade  by 
which  the  interest  of  the  general  public  is  best  served.  It  has 
removed,  so  far  as  modern  literature  is  concerned,  the  uncertainty  as 
to  continued  ownership  which  interfered  with  enterprise  in  all  depart- 
ments, and  there  seems  to  be  no  question  that  it  has  already  resulted 
in  a  substantial  increase  in  the  number  of  works  profitably  issued  by 
American'authors. " 

31.   The  F.  M.  Lupton  Publishing  Company,  New  York,  N.  T.: 

"The  international  copyright  law  has  been  decidedly  beneficial  to 
the  majority  of  the  publishers  and  book  manufacturers  in  the  United 
States.  It  is  questionable  whether  it  has  been  of  benefit  to  com- 
positors, bookbinders,  pressmen,  and  employees  generally,  from  the 
fact  that  in  former  years,  when  we  secured  English  books  without  pay- 
ment for  same,  there  were  several  sets  of  electrotype  plates  made  of 
each  book,  whereas  now  there  is  but  one.  On  the  other  hand,  where 
there  was  one  set  of  plates  made  of  an  American  author  there  are 
now  ten. 

"The  law  has  been  of  decided  benefit  to  American  authors.  This 
is  seen  in  the  fact  of  the  large  number  of  new  American  authors  that 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       45 

has  sprung  up  since  the  law  went  into  effect,  and  the  enormous  sales 
of  their  books  breaking  all  records  in  this  respect  in  the  history  of  the 
publishing  trade,  either  in  this  country  or  in  Europe.  The  law  has 
increased  the  selling  price  of  books.  As  far  as  our  knowledge  goes, 
we  do  not  think  the  American  and  English  publishers  exchange  plates, 
as  it  is  impossible  to  secure  a  copyright  in  this  country  from  a  dupli- 
cate set  of  plates,  and  we  doubt  very  much  if  publishers  would  run 
the  risk  of  printing  from  English  plates.  In  our  opinion,  the  law  is 
perfectly  satisfactory  as  it  is,  and  we  have  no  suggestions  to  make  for 
exchange." 

32.  The  8.  S.  McClure  Company,  New  York,  N.  Y.: 

"The  international  copyright  law  has  been  beneficial  to  publisher 
and  book  manufacturers,  for  the  reason  that  both  are  able  to  do  busi- 
ness on  a  business  basis,  and  know  exactly  where  they  stand,  so  far  as 
their  rights  in  publication  are  concerned.  It  is  probable  that  com- 
positors, bookbinders,  pressmen,  and  employees  generally  have  been 
benefited,  for  the  reason  that  all  the  reprint  work  is  required  by  law 
to  be  done  in  this  country,  and  the  business  is  an  established  one, 
whereas  formerly  it  was  exceedingly  hazardous  and  nearly  every  per- 
son engaged  in  literary  piracy  went  into  bankruptcy.  To  my  mind 
there  is  no  doubt  that  both x  foreign  and  domestic  authors  have  been 
greatly  benefited  by  the  law — our  own  authors,  because  they  have  not 
been  obliged  to  compete  against  pirated  books,  and  foreign  authors, 
because  they  have  received  some  reward  for  the  sale  of  a  book  in  this 
country.  I  think  that  American  authors  receive  far  more  from  foreign 
sources  than  they  ever  did  before. 

"  I  do  not  think  that  the  book-purchasing  public  has  been  affected 
one  way  or  another  by  the  copyright  law,  and  the  selling  price  of 
books  has  not  been  affected  by  it  either  to  any  extent.  Piracy,  as 
formerly  practiced,  benefited  neither  printer  nor  publisher,  for  the 
reason,  as  above  stated,  that  most  of  them  went  into  bankruptcy. 

"  Very  few  American  or  European  publishers  exchange  plates  at 
the  present  time,  and,  in  so  far  as  they  do,  it  is  a  matter  outside  of  the 
copyright  law.  Some  printed  sheets  are  imported,  particularly  for 
scientific  books,  but  this  is  a  very  small  consideration. 

"  In  my  opinion,  the  present  law  is  an  exceedingly  good  one,  though 
it  could  be  simplified  somewhat.  I  think  the  time  wherein  copyright 
of  a  foreign  book  may  be  secured  in  this  country  should  be  somewhat 
extended,  as  it  is  often  very  difficult  to  accomplish  what  is  wanted  in 
the  desired  time.  It  places  a  burden  upon  the  publisher  which  is 
sometimes  very  onerous,  and  an  extension  of  the  time  could  by  no 
possibility  injure  anyone." 

33.  The  Macmillan  Company,  New  York,  N.  Y.: 

"The  international  copyright  law  has  been  advantageous  to  the 
publisher  in  giving  him  more  freedom  of  action;  he  can  afford  to  take 


46       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

greater  risks,  feeling,  when  he  has  secured  a  successful  book,  that  a 
heavy  stock  will  not  be  rendered  valueless  because  of  cheaper  compet- 
ing editions  of  the  same  work.  It  has  made  the  publisher's  invest- 
ment in  foreign  books  more  secure,  and  has  brought  him  into  closer 
touch  with  the  authors  on  both  sides  of  the  Atlantic.  It  has  been 
especially  beneficial  to  the  manufacturer  of  the  better  class  because  of 
the  necessity  of  manufacturing  plates  on  this  side.  It  has  been  bene- 
ficial to  the  compositor  and  electrotyper  for  the  same  reason.  The 
standard  of  work  is  higher,  and  there  is  more  work  for  good  men  in 
first-class  establishments.  Good  business  and  confidence  tend  to  raise 
wages.  The  authors  on  both  sides  of  the  Atlantic  are  benefited  most 
of  all;  the  reason  is  obvious. 

"In  regard  to  the  general  public,  there  is  room  for  much  differ- 
ence of  opinion.  The  public  may  not  get  the  best  books  quite  as 
cheaply,  but  they  get  better  books,  and  the  security  of  the  publisher 
enables  him  to  publish  inexpensive  but  very  attractive  editions  of 
copyright  books.  The  circulation  of  the  best  books  is  undoubtedly 
increased,  but  just  how  far  this  increase  is  due  to  international  copy- 
right would  be  somewhat  difficult  to  determine.  Piracy  helped  the 
pirate  publisher,  and  some  printers  were  greatly  benefited  financially 
by  it,  but  we  should  question  whether  these  printers  added  much  to 
the  reputation  of  American  publishers  or  printers. 

''Plates  are  not  exchanged  to  any  great  extent,  though  the  tendency 
to  manufacture  duplicate  sets  of  plates  in  America  and  forward  one 
set  to  England  is  on  the  increase. 

"In  general,  the  law  operates  well  and  the  effect  is  wholesome,  and 
we  think  it  is  generally  wise  to  leave  well  enough  alone." 

34.  Methodist  Boole,  Concern,  New  York,  JV.  Y.  : 

This  concern,  without  giving  a  full  and  formal  expression  of  views, 
states  that  it  considers  the  general  effects  of  the  law  to  have  been  bene- 
ficial, but  that  great  benefit  would  accrue  to  publishers  if  foreign 
books  could  be  copyrighted  in  the  United  States  without  requiring 
them  to  be  manufactured  in  this  country. 

35.  New  Amsterdam  Book  Company,  New  York,  N.  Y. : 
"Answering  your  query  as  to  whether  the  present  international  copy- 
right law  has  worked  to  our  advantage,  we  would  say  '  yes.'     We  are 
protected  from  cheap  English  reprints  of  our  books  being  imported 
in  competition  with  the  American-made  books. 

"The  clause  requiring  copyrighted  books  to  be  made  from  Ameri- 
can plates  and  printed  here  protects  the  American  compositor  and 
pressman. 

"  The  exclusion  of  the  cheap  reprints  protects  the  American  book- 
seller who  has  bought  stock  of  the  American  edition. 

"If  the  clause  requiring  a  simultaneous  publication  were  changed 
so  that  a  notice  of  proposed  publication  would  answer  and  then  on 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       47 

publication  day  the  usual  formalities  were  gone  through,  it  would  be 
a  benefit,  as  often  unforeseen  contingencies  arise  preventing  a  simul- 
taneous publication,  and  thus  a  valuable  copyright  is  lost  through  the 
fault  of  nobody. 

"Taking  the  law  as  a  whole,  we  are  satisfied  with  its  present  shape." 

36.  James  Pott  &  Co.,  New  York,  N.  Y.: 

This  establishment  believes  that  the  law  has  been  beneficial  in 
every  way  to  publishers,  authors,  and  employees,  but  thinks  it  should 
be  amended  so  that  simultaneous  publication  in  America  and  Great 
Britain  of  copyrighted  works  by  English  authors  would  not  be 
required. 

37.  The  Publishers'  Printing  Company,  New  York,  N.  Y. : 

"The  law  has  been  beneficial  to  popular-priced  and  high-class  pub- 
lishers, but  not  to  those  who  publish  very  cheap  books,  nor  to  the 
publishers  who  are  known  as  pirates.^  The  international  copyright  law 
has  enabled  honest  and  conscientious  publishers  to  be  properly  pro- 
tected, and  it  allows  of  the  authors  being  properly  remunerated. 

"Second.  It  has  been  very  beneficial  to  compositors,  pressmen, 
electrotypers,  and  bookbinders,  and  in  our  own  establishment  we  have, 
during  the  past  three  years,  manufactured  a  great  many  books  which 
would  otherwise  have  been  manufactured  in  England,  and  either  the 
sheets  or  the  bound  volumes  been  imported  to  this  country. 

"Third.  The  American  author  has  been  benefited,  as  his  writings 
are  more  sought  for  in  Europe,  and  he  is  on  a  better  footing  with 
foreign  publishers,  for  the  reason  that  they  recognize  that  foreign 
authors  are  protected  by  the  same  law. 

"Fourth.  The  book-purchasing  public  has  not  been  at  all  benefited 
by  the  international  cop}Tright  law,  as  they  are  certainly  obliged  to 
pay  a  larger  price  for  copyrighted  books  than  they  paid  formerly  when 
pirate  publishers  were  able  to  produce  books  at  a  much  lower  rate 
than  that  at  which  they  are  now  sold.  On  the  other  hand,  however, 
the  book-purchasing  public  are  receiving  a  much  better  book  at  the 
increased  price. 

"Fifth.  The  law  has  reduced  the  sale  of  books  in  this  country,  but 
has  increased  the  sale  of  books  by  American  authors  in  Europe,  as 
man}'  of  our  publishers  are  sending  editions  of  the  most  successful 
books  to  Europe,  where  formerly  only  a  very  limited  quantity  was 
exported.  Before  this  law  was  enacted  the  work  of  every  first-class 
American  author  was  republished  in  England  by  English  publishers, 
consequently  neither  the  American  author,  the  American  manufac- 
turer, nor  the  American  employee  received  any  benefit  therefrom. 

"Sixth.  Piracy,  as  practiced  previous  to  the  enactment  of  the  pres- 
ent law,  was  only  beneficial  to  a  small  class  of  cheap  publishers  and  a 
very  small  class  of  cheap  printer*. 

"Seventh.  American  and  European  publishers  do  not  now  exchange 
plates  to  any  very  great  extent.  • 


48       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

"Eighth.  I  believe  that  the  present  law  fills  every  requirement,  and 
I  can  not  suggest  any  amendment  thereto." 

38.    G.  P.  Putnam's  Sons,  New  York,  N.  Y.: 

"  In  so  far  as  the  completion  of  international  copyright  arrangements 
between  the  United  States  and  Great  Britain  and  the  United  States  and 
continental  countries  has  served  to  develop  (as  it  certainly  has  devel- 
oped) the  literary  relations  of  such  countries  and  to  place  American 
publishing  trade  on  a  more  assured  and  wholesome  foundation,  it  has 
been  of  service  to  publishers  and  has  also  furthered  the  business  inter- 
ests of  all  concerned  with  the  manufacturing  of  books. 

"Under  the  conditions  which  obtained  prior  to  the  international 
copyright  law  American  publishers  were  not  in  a  position  to  purchase 
the  control  of  any  literary  material  produced  on  the  other  side  of  the 
Atlantic,  whether  the  production  of  such  material  had  been  undertaken 
at  their  own  initiative  or  not.  As  a  result,  American  publishers  were 
debarred  from  entering  into  contracts  with  European  authors  either 
directly  or  through  their  European  publishers  for  the  production  of 
books  which  were  really  required  by  American  readers  and  students 
and  which  would  have  proved  of  service  to  such  readers.  It  was 
impossible  to  pay  the  compensation  required  by  an  author  of  the  first 
class  and,  in  addition  to  such  payment,  to  incur  the  risk  and  expense 
of  the  production  of  the  book,  possibly  with  illustrations  or  designs, 
unless  there  could  be  some  assurance  that  when  the  investment  had 
been  made  the  market  for  the  book  would  be  controlled  by  the  investor. 
Experiments  were  from  time  to  time  made  in  arranging  for  books  by 
foreign  authors,  but  whenever  such  books  secured  for  themselves  any 
preliminary  attention  with  prospect  of  remunerative  sale  unauthorized 
editions  were  promptly  issued  which,  being  cheaply  put  together  and 
often  incomplete,  and  which  being  free  of  any  burden  of  payment  to 
the  author,  and  being  also  in  a  position  to  take  advantage  of  the  adver- 
tising done  for  the  authorized  edition,  were  able  to  compete  effectively 
with  such  authorized  edition.  The  unauthorized  reprinters  did  not 
themselves  make  much  profit  from  such  ventures,  as,  in  their  close 
competition  with  each  other,  they  brought  their  selling  prices  down 
below  the  margin  of  safe  profit  for  speculative  publications.  They 
were  able,  however,  to  prevent  the  original  publishers  from  securing 
profit,  and  in  so  doing  with  the  books  which  were  thus  pirated  they 
naturally  discouraged  future  similar  undertakings. 

"Under  present  conditions  American  publishers  make  the  necessary 
international  arrangements  either  directly  with  the  authors  or  through 
foreign  publishers  or  in  cooperation  with  foreign  publishers,  under 
which  they  are  able  to  secure  the  preparation  by  experts  in  each 
division  of  knowledge  of  the  best  and  most  authoritative  works  in 
such  division.  The  amount  of  the  payment  to  the  author  being  divided 
between  two  or  more  markets,  becomes  a  proportionately  smaller 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       49 

charge  upon  each  edition  produced  of  the  book.  A  similar  division 
of  cost  can  be  made  in  the  matter  of  the  illustrations.  Such  division 
of  cost  between  the  several  markets  enables  books  of  the  highest  class, 
carefulry  manufactured,  and  adequately  illustrated  with  designs  or 
maps,  to  be  offered  to  American  buyers  at  very  much  lower  prices 
than  would  otherwise  have  been  practicable.  In  connection  with  the 
development  of  the  business  of  selling  in  the  United  States  authorized 
American  editions  of  works  by  English  and  continental  authors,  there 
has  also  been  a  development  in  the  sale  in  Great  Britain  and  on  the 
continent  of  authorized  editions  of  works  by  American  authors.  The 
larger  results  of  such  sales  have  naturally  gone  to  the  authors,  but  in 
certain  cases  the  publishers  who  have  themselves  become  the  owners 
of  the  copyrights  have  benefited  directly,  while  they  have  also  secured 
benefit  from  time  to  time  in  dividing  with  an  English  edition  the  cost 
of  the  typesetting  of  the  book,  sending  to  England  the  American - 
made  plates,  and  in  dividing  with  the  English  edition  the  cost  of  the 
illustrations. 

"All  the  trades  having  to  do  with  the  manufacturing  of  books- 
compositors,  bookbinders,  pressmen,  paper  manufacturers,  etc. — have 
benefited  through  this  wholesome  development  of  American  publish- 
ing interests.  My  individual  opinion  is  opposed  to  the  conclusion  that 
any  substantial  advantage  has  come  to  the  American  book  manufac- 
turing trades  as  a  result  of  the  provision  in  the  law  making  American 
manufacture  a  condition  of  American  copyright.  There  is,  in  any 
case,  under  present  conditions  a  sufficiency  of  work  for  all  the  work- 
men engaged  in  the  production  of  books.  Irrespective  of  the  manu- 
facturing condition  included  in  the  copyright  law,  the  importation  of 
English  editions  of  books  for  American  buyers  would  not  have  become 
considerable  enough  to  interfere  with  American  book  manufacturing 
interests.  American  book  buyers  have  their  own  special  tastes  and 
requirements,  and  the  style  in  which  books  are  manufactured  in  Eng- 
land does  not,  as  a  rule,  meet  these  requirements.  There  is  also,  under 
the  present  conditions  of  duty,  no  sufficient  advantage  in  the  importa- 
tion of  English  editions  or  of  English  plates  as  compared  with  the  cost 
of  typesetting,  making  plates,  or  printing  the  books  on  this  side. 
There  is  some  advantage,  of  course,  in  the  English-market  cost  under 
the  heading  of  paper,  typesetting,  and  binding;  also  in  the  wages  paid 
to  higher  class  pressmen.  On  the  other  hand,  electrotyping  it  cheaper 
and  better  on  this  side,  and  higher  class  presswork  is  cheaper  in  pro- 
portion to  the  results  secured.  It  is  my  opinion  that  if  there  had  been 
no  manufacturing  conditions  in  the  copyright  law,  there  would  have 
been  no  reduction  in  the  amount  of  book  manufacturing  done  on  this 
side.  There  might  have  been  a  little  larger  business  in  the  exchange 
of  plates  between  English  and  American  publishers.  American  pub- 
lishers are,  however,  in  the  present  condition  of  bookmaking,  now  in 
S.  Doc.  87 4 


50       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

a  position  to  export  for  sale  in  England  books  and  plates,  and  such 
sales  are  increasing. 

"The  interests  of  authors,  foreign  and  American,  have  been  fur- 
thered through  the  development  of  the  markets  to  be  controlled  by 
them,  and  there  has  been  a  very  material  increase  in  the  amounts  that 
could  be  earned  by  the  more  distinguished  of  these  authors  who  had  won 
for  themselves  a  world-wide  popularity.  This  field  is  open  to  Ameri- 
can writers,  as  to  English,  and  under  present  conditions  it  constitutes 
a  'fair  field  with  no  favor,'  and  American  writers  have  secured  their 
fair  share.  Under  the  conditions  obtaining  prior  to  international  copy- 
right, foreign  authors  secured  at  haphazard  an  uncertain  remuneration 
from  their  American  readers,  American  authors  secured  but  trifling 
returns  from  English  readers,  and  American  authors  did  not  have  a 
fair  competition  in  the  office  of  American  publishers  or  with  the  Ameri- 
can book-buying  public,  at  least  in  regard  to  fiction  or  other  light  lit- 
erature, with  books  which  had  to  compete  with  the  low-priced  piracy 
editions  of  volumes  by  foreign  authors. 

"This  advantage  to  the  authors  has  been  gained  without  any  detri- 
ment or  disadvantage  to  the  book-purchasing  public.  In  one  particu- 
lar line  of  literature  copyrighted  books  are  higher  in  price  than  was 
the  case  before  the  law,  namely,  fiction.  It  is  now  necessary  to  pay 
from  $1  to  $1.50  for  books  by  English  authors  which  in  the  piracy  edi- 
tions could  have  been  purchased  at  50  cents,  and  sometimes  even  for  25 
cents.  It  is  to  be  borne  in  mind,  however,  that  the  book  as  now  sold 
presents  an  authorized,  complete,  and  correct  text,  and  is  decently 
printed  and  suitable  for  preservation.  The  previous  piracy  editions 
were  flimsy  in  make,  inaccurate  in  text,  often  seriously  incomplete, 
and  were  fitted  but  for  one  reading,  and  often  not  properly  for  that. 
Even  in  fiction  the  $1  paid  to-day  may  easily  secure  better  final  value 
than  the  50  cents  or  25  cents  paid  in  1890.  In  classes  of  literature 
other  than  fiction  there  has  been  no  increase,  and  in  the  all-important 
division  of  higher  class  educational  books,  scientific  literature,  popular 
histories,  etc.,  the  larger  quantities  printed,  the  division  above  referred 
to  between  several  markets  of  the  cost  of  authorship  and  of  the  cost 
of  illustrations,  have  enabled  the  publishers  to  give  to  the  buyers  bet- 
ter material  for  a  lower  price.  The  new  conditions  have  also  enabled 
many  international  series  to  be  produced,  of  which  under  the  earlier 
conditions  the  public  would  never  have  had  the  advantage  at  all. 

' '  There  has  been  a  normal  and  wholesome  increase  in  the  amount  of 
books  sold,  an  increase  which  is  indicated  partly  by  the  steady  increase 
in  the  amounts  paid  in  Washington  for  copyright  entries  on  books.  I 
have  at  hand,  however,  no  data  which  will  enable  me  to  estimate  the 
percentage  of  such  increase. 

"The  piracy  conditions  as  practiced  prior  to  1891  were  beneficial  in 
a  measure  only  to  the  very  cheapest  grade  of  printers.  Even  these 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       51 

printers  have  since  found  satisfactory  business  in  other  channels  of 
bookmaking.  Such  piracy  was  for  a  short  time  profitable  to  a  small 
group  of  unscrupulous  publishers.  The  firms  in  this  group,  however, 
in  fierce  competition  with  each  other,  soon  brought  their  margin  of 
profit  down  below  the  safety  point.  Even  before  the  passage  of  the 
copyright  law  the  piracy  publishers  were  largely  going  into  bank- 
ruptcy. The  enactment  of  the  copyright  act  brought  the  business  of 
a  number  of  them  to  a  close,  while  others,  more  intelligent  and  more 
enterprising,  changed  their  methods,  and  have  since  secured  under 
copyright  conditions  a  more  assured  position  and  more  substantial 
returns. 

"There  is  some  business  done  by  American  publishers,  as  above 
stated,  in  the  sale  of  plates  to  Great  Britain.  It  is  also  occasionally 
still  advantageous,  particularly  in  the  case  of  illustrated  works,  to  pur- 
chase from  English  publishers  the  plates  of  works  the  typesetting  of 
which  has  been  done  in  Great  Britain.  By  reason,  however,  of  the 
fact  that  English  typesetting  is  often  not  suited  to  the  requirements 
of  American  book  publishers,  purchases  of  plates  do  not  constitute 
a  very  considerable  item.  It  is  also  the  case  that  in  printing  an 
American  edition  from  English  plates  the  possibility  of  securing 
American  copyright  is  forfeited.  The  practice  obtains,  therefore, 
usually  only  in  the  case  of  larger  and  more  costly  works  which  it 
would  not  pay  an  unauthorized  reprinter  to  reset. 

uThe  provisions  of  the  present  <-op3rright  law  should,  in  my  judg- 
ment, be  changed  in  the  following  respects: 

"First.  There  should  be  an  increase  in  the  term  of  copyright. 
The  present  American  term  (28  years,  with  the  right  of  renewal  for 
author,  for  widow,  or  for  child,  of  14  years)  is  the  shortest  term  of 
copyright  in  force  in  any  book-producing  country.  The  term  should 
be  extended  as  a  minimum  to  that  in  force  in  Germany — the  life  of 
the  author  and  30  years  thereafter.  This  is  the  term  recommended 
in  the  copyright  act  now  pending  in  the  British  Parliament.  An 
author  should  be  given  the  opportunity  of  accumulating  through  his 
labors  property  for  his  children  and,  for  that  matter,  for  his  grand- 
children. The  latter  condition  is  recognized  by  the  eop3Tright  term 
of  France  and  of  Russia — the  life  of  the  author  and  50  years. 

"Second.  The  manufacturing  condition  should  be  eliminated  from 
the  law.  It  is  entirely  illogical  to  couple  with  the  recognition  of  the 
right  of  copyright  a  condition  forcing  the  producer  of  the  copyrighted 
property  to  do  his  manufacturing  with  one  set  of  printers  or  another. 
As  far  as  it  is  necessary  to  guard  American  manufacturing  interests, 
these  should  be  cared  for  under  the  tariff  system.  G.  P.  Putnam's 
Sons  are  printers  and  book  manufacturers  as  well  as  publishers.  It  is 
their  belief,  however,  as  above  indicated,  that  in  the  present  conditions 
of  American  expansion  and  of  American  skilled  labor,  book  manufac- 


52       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

turing  interests  in  this  country  need  not  dread  European  competition. 
In  case  the  manufacturing  conditions  should,  for  any  term  of  years, 
be  left  in  the  law,  steps  should  be  taken  as  promptly  as  practicable  to 
remove  the  special  grievance  now  existing  on  the  part  of  European 
authors  whose  works  require  to  be  translated.  France,  Germany, 
Italy,  and  Spain  have  extended  to  American-  authors  the  privileges 
possessed  by  their  native  writers,  while  the  United  States  has  given 
to  the  authors  of  these  countries  no  privileges  which  are  really  equiva- 
lent. It  may  not  be  practicable  for  a  number  of  years,  in  connection 
with  the  continued  approval  given  by  the  majority  of  our  citizens  to 
the  so-called  protective  system,  to  remove  from  our  copyright  act 
the  condition  of  manufacturing  within  the  United  States.  It  will  also 
probably  be  necessary  to  retain  in  the  act,  in  connection  with  the 
manufacturing  provision,  the  condition  of  simultaneous  publication. 
The  act  should,  however,  provide  that  an  exception  to  this  require- 
ment for  simultaneous  publication  should  be  made  in  the  case  of  a 
work  originally  issued  in  a  foreign  language.  Such  a  work  could  be 
registered  for  copyright  in  regular  course,  with  a  title  page  in  English, 
and  with  two  copies  of  the  original  text  submitted  for  purposes  of 
identification  as  preliminary  deposits,  with  the  provision  that,  within 
a  specific  term  (say  12  months)  after  the  date  of  such  registration, 
publication  be  made  of  an  English  version,  an  edition  of  which  should 
be  printed,  according  to  the  manufacturing  condition,  from  "type  set 
within  the  United  States."  If,  within  that  date,  no  edition  should  be 
produced,  the  producers  of  which  had  complied  with  the  conditions  of 
the  American  act,  the  right  to  reproduce  the  work  in  English  might 
then  fall  into  the  public  domain.  A  provision  to  such  effect,  while  by 
no  means  sufficient  to  do  full  justice  to  European  authors,  would  secure 
to  such  of  those  authors  as  really  had  an  American  reading  public 
awaiting  their  books  the  substantial  advantages  of  American  copy- 
right. I  do  not  see  any  other  way  in  which  foreign  authors  can  obtain 
the  benefits  intended  by  the  act  as  long  as  the  manufacturing  condi- 
tion and  the  provision  for  simultaneous  publication  are  retained.  Such 
a  provision  would  be  in  line  with  the  arrangements  now  in  force 
between  the  European  states  (under  the  Berne  convention)  covering 
the  similar  requirements  for  translated  works. 

'"Finally,  I  venture  to  repeat  a  suggestion  which  I  have  more  than 
once  had  occasion  to  put  into  print,  that  the  framing  of  a  satisfactory 
copyright  act,  which  shall  have  for  its  purpose  an  equitable  and  ade- 
quate protection  for  the  producers  of  intellectual  property  and  which 
shall  be  so  worded  as  to  carry  out  that  purpose  effectively,  should  be 
intrusted  to  a  commission  of  experts.  Such  a  commission  should 
comprise  representatives  of  the  several  interests  to  be  considered,  pro- 
ducers of  works  of  literature,  producers  cf  works  of  art,  publishers 
of  books,  and  publishers  of  art  works.  The  commission  should  also 


INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES.       53 

include  at  least  one  skilled  copyright  lawyer,  and  it  may  be  in  order 
to  add  some  representative  of  the  general  public  who  would  have  no 
direct  property  interest  in  the  results  of  such  a  bill  as  may  be  framed. 
All  existing  copyright  systems  of  the  world  excepting  that  of  the 
United  States  have  been  the  work  of  such  commissions  of  experts. 
The  members  of  these  commissions  have  had  authority  to  summon 
witnesses  and  to  take  testimony,  and  after  having  devoted  sufficient 
time  to  the  mastery  of  the  details  of  a  subject  which  is  of  necessity 
complex  and  which  certainly  calls  for  expert  training  and  expert 
experience,  they  have  presented  their  conclusions  in  the  form  of  a 
report  containing  the  specifications  of  -the  legislation  recommended. 
The  copyright  laws  of  the  states  of  Europe  have,  without  an  exception, 
been  based  upon  such  recommendations.  The  Government  of  the 
United  States  stands  alone  in  having  relied  for  its  copyright  legisla- 
tion solely  upon  the  conclusions  that  could  be  arrived  at  by  Congres- 
sional committees.  However  intelligent  the  members  of  such 
committees  might  be,  and  however  conscientious  the  interest  given  by 
these  Congressmen  or  by  some  among  them  to  the  subject,  experience 
has  shown  that  it  is  not  practicable  to  secure  wise  and  trustworthy^ 
copyright  legislation  in  this  manner.  Whenever  we  may  be  able  to 
overcome  that  prejudice  which  declines  to  take  advantage  of  the  expe- 
rience and  the  example  of  the  states  of  Europe  in  connection  with  the 
solution  of  problems  and  questions  similar  to  our  own,  we  shall  doubt- 
less decide  to  try  the  experiment  of  instituting  a  commission  of  experts 
for  the  reforming  of  our  copyright  law." 

39.  Paul  E.  Reynold*,  New  York,  N.  Y.  : 

"Has  the  international  copyright  law  been  beneficial  to  the  publish- 
ers or  bookbinders  and  manufacturers?  I  should  say  that  it  had 
been  distinctly  beneficial,  because  it  has  enabled  them  to  use  judgment 
in  purchasing  such  foreign  books  as  seem  to  them  likely  to  succeed  in 
this  market  and  to  publish  and- push  them  with  all  the  energy  they 
could.  It  gave  an  inducement  to  a  man  to  use  care  and  discrimination 
in  selecting  books  and  abilitj"  in  putting  them  on  the  market,  because 
he  knew  that  he  would  be  protected ^and  would  be  able  to  secure  the 
profits  of  his  ventures  if  they  were  successful.  In  short,  it  made  a 
stable  business  of  what  had  previously  been  an  unstable  and  cut-throat 
one.  As  to  its  benefits  to  compositors  and  bookbinders  and  printers, 
I  should  think  it  ought  to  benefit  them.  The  fact  that  a  publisher  is 
protected  to  a  large  extent  in  his  business  enables  him  to  pay  his 
employees  better  wages  and  gives  them  more  certainty  of  maintaining 
their  positions  than  if  he  were  maintaining  an  uncertain  business  into 
which  other  men  continually  cut,  which  is  always  hazardous. 

uOf  course,  before  the  international  copyright  law,  when  a  book 
became  popular  it  might  be  reprinted  by  many  houses  and  as  many 
sets  of  plates  might  be  made.  This  would  give  work  to  a  large  num- 


54       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

ber  of  men.  In  answer  to  this  it  is  to  be  remembered  that  very  often 
where  a  man  intends  to  reprint  an  uncopyrighted  book  he  will  go  to  a 
publisher  who  is  to  issue  the  book  and  say,  41  intend  to  reprint  such 
and  such  a  book.  Are  you  willing  to  sell  me  a  duplicate  set  of  plates 
at  a  price  which  would  allow  you  a  reasonable  profit  for  the  making  of 
such  plates?  If  you  are  not,  I  shall  reprint  the  book;  and,  though  it 
will  cost  me  a  little  more,  you  will  also  lose  some  money  that  you 
might  make  on  the  venture.'  As  a  rule,  the  first  man  yields  and  sells 
him  a  duplicate  set  of  plates.  In  this  way  there  is  not  so  much  money 
for  the  compositor. 

"With  regard  to  authors,  of  course  foreign  authors  have  benefited 
very  much  by  the  copyright  law.  As  to  American  authors,  I  think 
they  have  probably  been  benefited  too,  for  they  do  not  have  the 
competition  of  numerous  cheap  English  books,  sold  at  very  low  prices 
because  they  did  not  pay  any  royalty  to  the  author,  while  on  the 
American  book  of  course  a  royalty  had  to  be  paid  to  the  author.  Of 
course  American  authors  have  also  benefited  by  the  fact  that  the  law 
enables  them  to  seek  foreign  markets  and  reap  the  advantages. 

11 '  With  regard  to  the  public  it  is  very  hard  to  say.  There  can  be  no 
question  that  it  is  of  great  advantage  to  the  public  to  get  literature  as 
cheap  as  possible.  Of  course  they  do  not  get  foreign  books  that  are 
copyright  as  cheap  as  they  did  before  the  copyright  law.  This,  how- 
ever, is  partly  mitigated  by  the  fact  that  the  popular  novel  is  almost 
always  reprinted  in  cheap  paper  form  after  a  while.  After  the  pub- 
lisher has  become  convinced  that  he  has  got  all  the  sale  possible  out  of 
the  book,  say  at  $1.50,  he  reprints  it  at  50  cents,  or  possibly  at  less,  so  j 
that  the  poorer  class  of  people,  who  can  not  afford  to  pay  a  large  price, 
have  access  to  the  book,  only  they  have  to  wait  some  time  before  they 
get  it.  I  do  not  think,  however,  it  can  be  denied  that  the  noncopy- 
right  books  are  sold  much  more  cheaply  on  the  whole.  Of  course  a 
book  generally  has  to  be  a  good  many  years  old  before  it  can  be  con- 
sidered a  standard  book,  and  on  this  basis  most  of  the  standard  books 
are  noncopyright,  and  can  therefore  be  obtained  by  the  public  at  very 
low  prices.  Where  the  public  loses  is  probably  on  the  popular  novels 
of  the  day.  They  do  also,  I  think,  lose  to  a  certain  extent  on  scien- 
tific books  of  a  popular  character.  Undoubtedly  numbers  of  people 
who  read  such  a  book  as  Robert  Elsmere  would  never  have  read  it  if 
it  had  been  a  copyright  book.  It  is  also  certain  that  a  great  many . 
people  would  read  a  book  like  Brice's  American  Commonwealth  if  it ; 
were  noncopyright  and  were  printed  in  cheap  form.  (I  think  I  ami 
right  in  stating  that  Brice's  American  Commonwealth  is  copyright.)  I 
think  the  law  has  increased  the  selling  price  of  books. 

"I  have  already  said  that  I  think  in  the  days  of  piracy,  as  prac-l 
ticed  before  the  enactment  of  the  present  law,  there  were  probably;; 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       55 

more  copies  of  a  book  printed  and  more  sets  of  plates  in  use  than  now, 
but  I  doubt  if  the  wages  paid  were  as  high  or  the  work  as  steady, 
because  the  profit  to  be  made  was  small  at  best,  and  was  of  an  uncer- 
tain and  feverish  nature.  You  had  got  to  print  and  sell  your  book  in 
a  hurry,  and  all  the  time  there  were  a  number  of  other  men  trying  to 
undersell  you.  This  of  course  had  its  efl'ect  on  the  wages  of  the 
employees. 

"As  to  the  publishers,  I  think  there  can  be  no  doubt  that  piracy  was 
not  beneficial  in  the  mass. 

''I  am  asked  whether  American  and  European  publishers  exchange 
plates.  Of  course  where  the  book  is  copyright  it  has  to  be  printed  in 
this  country;  where  it  is  not  copyright,  plates  are  sometimes  sold, 
not,  in  m}^  experience,  very  commonly,  however,  partly  because 
American  publishers  do  not  like  English  plates  and  partly  because,  in 
the  case  of  noncopyright  books,  editions  are  often  purchased  rather 
than  the  plates.  The  main  reason  for  not  purchasing  plates  is  that 
English  publishers  commonly  use  stereotype  plates  and  American 
publishers  commonly  use  electrotype  plates.  When  the  copyright 
law  went  into  effect  English  publishers  thought  there  would  be  a  great 
saving  to  them  in  buying  a  book  printed  in  this  country  and  having 
two  sets  of  plates  made,  one  to  be  sent  to  England  and  the  other  to 
remain  here.  It  was  found,  however,  that  so  much  trouble  was  involved 
by  having  proofs  shipped  back  and  forth  to  the  author  in  England 
and  by  the  objection  that  the  American  printers  made  to  locking  up 
their  type  while  they  waited  for  proof  from  the  author,  and  there  was 
so  much  difficulty  with  the  English  authors  that  I  do  not  think  the 
practice  prevails  very  commonly.  It  may,  however,  be  done  to  some 
extent  by  English  houses  having  branches  in  this  country.  It  is  also 
the  case  that  the  English  publishers  can  set  up  a  book  in  type  and  the 
printer  will  keep  the  type  standing  for  a  year  or  so,  thus  enabling  the 
publisher  to  see  whether  the  book  is  going  to  succeed  or  not.  If  it 
does  not  succeed,  the  type  is  broken  up;  if  it  does  succeed,  plates  are 
made.  In  this  way  an  Englishman  can  print  his  book,  at  least  as  far 
a.s  the  plates  are  concerned,  so  cheaply  that  it  does  not  pay  him  to  buy 
plates  of  an  American  publisher.  English  publishers  do,  to  a  certain 
extent,  buy  plates  from  the  American  publishers  in  the  case  of  Amer- 
ican books. 

"As  to  my  opinion  on  the  American  cop}Tright  law,  I  am  hardly 
prepared  to  answer  the  question  without  giving  it  more  thought  than 
I  am  able  to  at  this  time.  It  seems  to  be  the  general  opinion,  how- 
ever, among  American  publishers  that  the  law  ought  to  be  amended 
so  as  to  strike  out  the  simultaneous  clause;  that  it  does  not  do  any 
good,  and  that  it  simply  increases  the  difficulties  of  copyrighting  a 
foreign  book." 


56       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

40.    diaries  ticribner's  Sons,  New  York,  N.  Y.: 

' '  In  our  opinion  the  law  has  been  beneficial  to  all  concerned — pub- 
lishers, book  manufacturers,  and  others. 

"It  has  benefited  publishers  in  that  it  has  enabled  them  to  reprint 
recent  English  books  in  America  and  make  a  profit  on  them,  which 
had  become  almost  impossible  when  there  was  no  protection.  And  it 
has  also  benefited  them  in  the  publication  of  American  books.  Upon 
American  books  publishers  must  certainly  pay  the  author  in  some 
form,  and  when  these  books  competed  with  similar  books  of  foreign 
authorship  upon  which  no  payment  was  made  to  the  author  the  situa- 
tion was  manifestly  unfair. 

"We  are  not  manufacturers  ourselves,  but  of  course  w.e  have  a 
great  amount  of  manufacturing  done  directly  for  us.  We  have  not 
the  statistics  at  hand,  but  we  believe  it  will  be  found  that  the  law  has 
benefited  all  those  engaged  in  the  manufacture  of  books  by  giving 
th*em  more  work  and  better  prices.  We  know  that  the  cost  of  compo- 
sition has  risen  since  the  law  was  passed. 

"The  benefit  to  the  foreign  author  under  the  law  is  too  plain  to 
require  argument.  The  American  author  has  been  benefited,  in  our 
opinion,  in  that  there  is  more  encouragement  for  the  publisher  to  pay 
the  American  author  when  he  can  not  take  for  nothing  the  works  of 
English  authors.  It  is  an  interesting  fact  that  since  the  law  was 
passed  books  which  have  the  greatest  sales  in  America  are  by  native 
authors,  such  as  Churchill's  Richard  Carvel,  Wescott's  David  Harum, 
Major's  When  Knighthood  was  in  Flower,  Ford's  Janice  Meredith, 
Page's  Red  Rock,  etc. ,  whereas  a  few  years  ago  such  a  list  would  be 
made  up  almost  entirely  of  books  of  foreign  authorship. 

"The  book-purchasing  public  are  furnished  with  better  books,  of 
higher  class  and  better  made,  and  at  a  low  price.  It  may  be  that  they 
are  deprived  of  the  old  10-cent  paper  quarto,  like  the  Franklin  Square 
Library  and  the  Seaside  Library,  containing  almost  exclusively 
novels,  but  in  our  opinion  that  business  could  not  have  continued  in 
any  case,  for  there  was  no  profit  in  it.  ISow  they  are  furnished  with 
the  best  literature  in  10-cent  magazines,  which  might  have  been 
impossible  if  those  magazines  had  to  compete  with  the  old  libraries. 

"The  number  of  books  sold  has  undoubtedly  increased.  We  have 
not  the  statistics  at  hand  to  give  the  percentage  of  increase. 

"We can  not  answer  this  question  concerning  the  effect  of  piracy 
on  printers  and  publishers  further  than  it  has  been  already  answered. 
Undoubtedly  some  pirates  made  money,  and  many  of  them  failed. 
The  same  is  true  of  the  publishers.  We  think  the  printers  are  busy 
now  and  are  getting  fair  prices. 

"The  effect  of  the  law  has  been  that  more  plates  are  made  in  Amer- 
ica than  before.  In  order  to  secure  copyright  a  book  must  be  set  up 
in  America,  and  this  frequently  causes  the  foreign  publisher  to  have 


INTERNATIONAL    COPYRIGHT   LAW    IN    THE    UNITED    STATES.       57 

his  typesetting  done  here,  and  after  an  edition  is  printed  the  plates 
are  exported. 

"In  our  opinion  the  international  copyright  law  is  somewhat  defect- 
ive in  so  far  as  it  applies  to  books  in  foreign  languages.  The  effect 
of  the  law  is  at  present  somewhat  uncertain  with  respect  to  such  books 
and  the  protection  is  insufficient.  We  think  that  a  copyright  obtained 
here  for  a  translation  published  simultaneously  with  the  original  work 
(which  of  course  requires  American  resetting)  should  give  the  author 
and  his  agents  the  exclusive  right  of  translation.  At  present,  in  order 
to  secure  that  exclusive  right,  it  is  necessary  to  set  up  the  book  here 
in  the  original  language,  and  the  sale  for  such  a  version  is  not  large 
enough  in  most  cases  to  make  it  desirable.  There  is  also  the  additional 
complication  that  if  the  book  is  set  up  here  in  the  original  language 
the  importation  of  the  book  in  that  language  for  sale  here  is  forbidden 
by  law.  We  think  it  should  be  possible  to  secure  a  valid  copyright 
for  the  exclusive  right  of  translation  without  interfering  with  the 
importation  of  the  work  in  the  original  language,  and  at  present  this 
is  impossible." 

41.  Frederick  A.  Stokes  Company,  New  York,  N.  Y.: 

"  The  international  copyright  law  has  been  decidedly  beneficial  to 
publishers  and  book  manufacturers,  as  a  whole. 

"It  has  been  so  chiefly  because  it  gave  certainty  in  the  place  of  the 
previous  uncertainty,  and  enabled  publishers  to  put  in  operation  lib- 
eral plans  for  the  manufacture  of  editions  and  for  advertising,  etc. ,  on 
the  basis  of  their  knowledge  that  the  ground  would  not  be  cut  away 
from  under  their  feet. 

"As  a  result  of  this  new  condition,  enterprising  publishers  have 
exploited  copyrighted  books  more  fully  than  ever  previously  and 
have  increased  their  sales  enormously.  Incidental!}7,  the  publishers 
of  newspapers  and  periodicals  have  benefited  by  the  new  state  of 
affairs,  because  of  the  increased  amounts  of  advertising  given  them 
by  publishers. 

"Compositors,  bookbinders,  pressmen,  and  employees  generally 
have  shared  in  the  results  of  the  increased  manufacture  and  sale  of 
books  under  the  new  regime,  because  of  the  greater  number  of  copies 
of  books  made,  and  consequently  the  greater  amount  of  employment 
given. 

"Authors,  both  foreign  and  American,  have  benefited  greatly,  both 
directly  and  indirectly.  Directly  the  foreign  author  has  secured  the 
royalties  to  which  he  was  justly  entitled  on  the  sales  of  his  books  in 
this  countiy,  and  the  American  author  has  in  a  similar  way  secured 
his  royalties  abroad.  Indirectly  both  have  shared  the  prosperity 
caused  by  the  greatly  increased  output  of  books  since  the  passage  of 
the  law. 

' '  The  book-purchasing  public  has  certainly  shown  its  appreciation 


58       INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

of  the  new  conditions  by  buying  more  books  than  ever  previously  in 
the  history  of  the  American  book  trade. 

"In  our  opinion  this  is  due  to  some  extent  to  the  knowledge  on  the 
part  of  the  public  that  it  was  safe  to  purchase  a  book  when  it  first 
appeared  without  fear  that  at  any  time  one  or  more  competing  editions 
might  be  issued.  American  publishers  have  shown  consideration  for 
that  part  of  the  public  desiring  cheap  books  by  issuing  low-priced 
editions  of  most  of  the  popular  books  of  the  day  within  a  few  years  of 
first  publication. 

"The  taste  for  reading  has  been  fostered  under  the  new  conditions, 
and  the  public  has  certainly  been  a  gainer  because  of  this. 

"We  do  not  think  that  the  prices  of  books  have  been  changed 
materially  either  way  by  the  new  law. 

"'Piracy,'  as  practiced  prior  to  the  enactment  of  the  present  law, 
was  not  beneficial  to  printers,  because  the  unsettled  state  of  affairs 
then  existing  did  not  result  in  their  getting  as  much  work  as  the}r  now 
secure. 

"Piracy  may  have  been  beneficial,  and  probably  was  so,  to  a  certain 
number  of  low-class  publishers.  Many  of  these  publishers,  however, 
still  find  sufficient  material  for  their  uses  in  books  whose  authors  do 
not  incur  the  trouble  and  expense  of  copyrighting  in  this  countiy,  and 
in  the  vast  amount  of  literature  whose  copyright  has  expired. 

"American  publishers,  as  a  rule,  sell  electrotype  plates  of  inter- 
national cop}7  right  books  to  British  publishers,  but  buy  none  of  these 
from  them. 

"In  our  opinion,  the  law  should  be  amended  by  removing  the  manu- 
facturing clause,  although  this  company  is  benefited  by  this  clause  in 
that  it  frequently  sells  duplicate  plates  to  British  publishers  that  would 
not  be  sold  if  the  latter  did  not  know  that  it  is  impossible  for  us  to 
purchase  such  plates  from  them.  The  manufacturing  clause  benefits 
electrotypers  in  this  country,  but  should  be  removed  as  a  matter  of 
right  and  justice. 

"A  serious  objection  to  the  present  law,  in  our  opinion,  is  the 
requirement  that  publication  in  this  country  shall  be  made  on  or  before 
the  time  of  publication  of  any  work  in  question  in  foreign  countries. 

"The  law  should  be  amended  so  as  to  give  a  period  of  at  least  a 
year  within  which  publication  can  be  made  to  secure  copyright  in  this 
country  after  publication  abroad.  The  result  will  be  to  give  copy- 
right to  many  deserving  works  that  now  lose  it  because  their  authors 
are  unknown  at  the  time  of  publication,  and  to  remove  the  great 
annoyance  caused  American  publishers,  compositors,  electrotypers, 
and  printers  by  the  necessity  for  simultaneous  publication." 

42.  J.  F.  Taylor  &  Co.,  New  York,  N.  Y.: 

' '  This  establishment  believes  the  law  to  have  been  generally  benefi- 
cial in  its  effects;  that  '  it  is  fair  and  advantageous  for  the  majority  on 
the  present  basis.'" 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       59 

•13.  D.  Van  Nostrand  Company,  New  York,  N~.  Y.  : 

"The  law  has  been  beneficial  to  the  American  publisher  in  so  far  as 
the  tendency  may  exist  thereby  for  foreign  authors  to  ayail  themselves 
of  the  protection  of  a  copyright  in  this  country  under  the  law  as  it 
now  exists,  and  thus  induce  them  to  arrange  to  have  their  works  pub- 
lished here.  This  tendency  is,  in  my  view,  likely  to  increase. 

" Compositors,  printers,  etc.,  are  thus  indirectly  interested,  inasmuch 
as  the  law  requires  that  the  books  copyrighted  by  foreign  authors 
must  be  made  in  this  country. 

"Without  question  it  is  my  idea  that  foreign  authors,  perhaps  in 
some  lines  of  literature  more  than  in  others,  are  interested  in  the  ques- 
tion in  so  far  as  it  gives  them  a  protection.  With  writers  other  than 
the  English  the  question  may  be  of  no  moment,  for  a  translation  of  a 
French  or  German  work  (or  other  than  these,  of  course)  is  protected 
by  the  domestic  law.  So  far  as  rival  translations  may  exist,  the  ques- 
tion of  law  is  open  to  more  considerations.  My  idea  is  that  the  for- 
eign author  should  be  protected  in  the  matter  of  translations  of  his 
works  in  some  way. 

"To  the  book-purchasing  public  the  question  may  not  be  one  of 
moment,  in  so  far  as  the  law  may  interfere  in  the  production  of  cheap 
reprints  of  foreign  works.  This  '  piratical '  view  is  one  not  enter- 
tained by  the  educated  or  higher-toned  class,  and  my  view  is  that  it 
should  have  no  weight  at  all  in  the  matter.  The  moral  tendencies  of 
the  better  class  of  American  publishers  before  the  existence  of  the 
present  international  law  induced  them  to  pay  foreign  authors  for 
their  works,  in  the  face  of  no  protection  from  the  '  pirate.' 

"It  is  doubtful  if  the  law  has  had  any  effect  either  way  upon  the 
price  of  literature  at  large.  To  some  extent  it  has  prevented  cheap 
reprints  of  many  of  the  more  popular  books,  especially  fiction.  The 
question  of  percentage  of  increase  in  price  may  be  of  difficult  solution. 
My  idea  is,  however,  that  it  will  be  found  to  be  small. 

"'Piracy,'  so  called,  could  not  be  beneficial.  My  ideas,  however, 
are  based  purely  upon  the  moral  aspect  of  the  whole  matter.  Doubt- 
less much  profits  were  made  in  the  past  on  reprints  in  this  country  of 
the  works  of  Dickens,  Bulwer,  etc.,  the  same  as  in  Europe  on  Mrs. 
Stowe's,  Longfellow's,  and  some  other  American-written  books,  but 
in  my  view  of  the  case  that  is  no  argument.  The  conditions  of  com- 
petition between  rival  'pirates'  prevented  any  substantial  business 
benefits  to  them,  and  I  feel  convinced  that  the  present  conditions  are 
more  satisfactory  to  both  the  English  and  American  publishers. 

"I  am  not  in  a  position  to  say  whether  any  exchanges  of  plates  are 
made.  It  is  quite  possible  duplicate  sets  of  plates  of  English  authors 
have  been  made  in  this  country  and  one  set  sent  to  England,  but  to 
what  extent  this  may  have  been  done  I  have  no  data  to  formulate  an 
opinion  on.  If  such  conditions  should  exist  now  or  at  any  time,  it 


60       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

would  naturally  be  thought  to  be  favorable  to  the  manufacturing- 
interests  here. 

"My  opinion  has  been  that  the  law  was  working  satisfactorily. 
That  it  may  not  be  perfect  in  all  its  details  goes  without  saying,  nor 
am  I  at  all  clear  how  it  could  be  changed  for  the  better.  That  some 
'piracy'  continues  I  am  quite  aware  of,  and  in  view  of  this  fact  the 
question  of  whether  the  manufacturing  clause  in  the  law  should  be 
eliminated  is  one  for  careful  consideration.  My  opinion  in  this  matter 
is,  however,  that  it  would  open  the  whole  question  in  an  undesirable 
way,  from  the  fact  that  the  manufacturing  interests  would  oppose  any 
such  elimination. 

"In  conclusion  I  would  add  that  if  at  any  time  the  question  of  any 
material  change  in  the  present  law  should  be  agitated,  the  pertinent 
course,  in  my  judgment,  would  be  that  a  competent  committee  be 
appointed  who  could  take  full  and  unbiased  testimony,  and  in  this  way 
to  formulate  an  opinion  that  would  carry  weight  with  it,  based  on  the 
data  and  the  facts  presented,  and  could  thereby  recommend  in  their 
report  such  action  as  in  their  view  would  be  desirable." 

44.  American  Baptist  Publication  Society,  Philadelphia,  Pa. : 

' '  On  the  whole  the  law  has  been  beneficial  both  to  publishers  and 
book  manufacturers.  Before  the  enactment  of  the  law  there  were 
some  publishers  who  were  doubtless  greatly  benefited;  but  the  pub- 
lishers of  American  books  by  American  authors  were  put  to  consider- 
able disadvantage,  as  those  publishers  who  were  issuing  editions  of 
foreign  books  unprotected  by  copyright  were  floating  the  country 
with  cheap  books  which  interfered  greatly  with  the  general  trade. 
The  international  copyright  law  has  steadied  the  market  and  protected 
home  interests. 

"Generally  speaking,  the  international  copyright  law  has  been 
beneficial  to  the  classes  of  employees  mentioned  in  these  questions. 
It  has  stimulated  home  production;  it  has  offered  protection  against 
the  flooding  of  the  country  by  cheap  editions  of  foreign  books. 

"There  can  be  no  doubt,  I  should  say,  that  all  authors  have  been 
greatly  benefited  by  the  international  copyright  law.  Probably  foreign 
authors  have  been  more  benefited  than  American,  as  American  books 
generally  have  not  very  much  vogue  abroad.  Still,  American  books 
are  rated  very  much  higher  to-day  in  the  English  market  than  they 
were  ten  years  ago. 

"  It  is  almost  impossible  to  answer  these  questions  from  our  point 
of  view.  We  publish  mainly  denominational  and  religious  books,  and 
with  these,  except  in  rare  instances,  the  international  copyright  law 
does  not  amount  to  much.  I  think,  however,  that  the  book-purchasing 
public  is  rather  benefited  by  the  law  than  otherwise,  as  publishers  have 
been  protected  by  the  law,  and  have  thus  been  enabled  to  give  the 
public  better  and  cheaper  books. 


INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES.       61 

"Whether  it  is  on  account  of  the  law  or  not,  it  is  a  fact  that  the 
selling  price  of  books  is  about  20  per  cent  less  to-da}T  than  it  was  five 
years  ago,  generally  speaking.  It  may  be  that  this  is  due  to  the 
stimulation  of  production  growing  out  of  the  fact  that  protection  is 
given  both  to  authors  and  publishers  in  the  general  markets  of  the 
world  by  the  law. 

"To  some  printers  and  publishers  piracy  was  doubtless  beneficial. 
To  publishers  like  ourselves  or  to  printers  employed  by  houses  like 
ours  it  was  very  far  from  beneficial,  as  it  flooded  the  markets  with 
cheap  books,  and  greatly  hindered  the  publication  of  standard  books, 
especially  by  American  authors. 

"Occasionally  American  and  European  publishers  exchange  plates. 
The  more  general  plan,  however,  is  to  purchase  or  sell  in  flat  sheets. 

"It  is  our  judgment  that  the  law  as  it  now  stands  is  an  excellent 
one,  protecting  both  publishers  and  authors  throughout  the  civilized 
world,  and  that  it  would  be  a  mistake  to  repeal  it  or  to  essentially 
change  it  It  might  be  well  to  change  the  law  so  as  not  to  require 
simultaneous  issue  of  books  in  countries  where  copyrights  are  taken. 
This  sometimes  interferes  with  the  immediate  issue  of  books  for  which 
the  public  has  been  waiting,  and  which  publishers  of  this  country 
wish  to  get  upon  the  market  at  once  in  answer  to  the  demand.  Still, 
communications  are  now  so  rapid  between  Europe  and  America  that 
from  ten  days  to  two  weeks  are  all  that  is  required  to  comply  with 
this  provision  of  the  law,  and  I  am  of  the  opinion  that  no  very  great 
hardship  is  suffered.  On  the  whole,  we  are  in  favor  of  the  law  as  it 
now  stands,  with  this  possible  exception." 

-to.  P.  Bl&cki$ton?8  Son  cfe  Co.,  Philadelphia,  Pa.: 

"The  international  cop^a-ight  law  has  been  of  benefit  to  us  as  pub- 
lishers and  to  the  manufacturers  of  books,  as  it  has  thrown  into  the 
hands  of  the  workmen  of  this  country  the  manufacture  of  certain 
books  that  would  otherwise  have  been  imported. 

"It  has  been  of  advantage  to  compositors,  bookbinders,  pressmen, 
the  employees  of  paper  manufacturers,  etc.,  as  it  has  allowed  of  the 
manufacture  of  certain  books  in  this  country  which  would  have  other- 
w.ise  been  imported,  and  in  at  least  one  case  of  a  very  large  book,  the 
manufacture  of  which  cost  many  thousands  of  dollars,  it  has  allowed 
of  our  manufacturing  a  foreign  book  in  this  country  to  supply  both 
the  American  and  foreign  markets. 

"It  has  been  beneficial  to  the  foreign  author,  without  any  doubt. 
In  our  special  branch  of  publishing  we  can  not  say  that  it  has  been  of 
great  advantage  to  the  American  author,  because  the  American 
author's  book  would  doubtless  have  been  published  anyhow.  In  other 
words,  a  scientist  of  high  standing  can  always  find  a  publisher  for  a 
practical  scientific  book. 

"It  has  been  of  advantage  to  the  purchasing  public  to  a  certain 
extent. 


62       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

"The  law  in  question  has  not  increased  the  selling  price  of  books. 
We  fix  our  prices  now  upon  the  same  general  rules  as  we  used  before 
the  law  went  into  effect.  These  prices  are  largely  dependent  upon 
competition. 

"The  advantages  and  disadvantages  of  piracy  before  the  enactment 
of  the  law  about  met  each  other.  We  think,  however,  that  we  were 
influenced  to  import  more  foreign  books,  rather  than  to  reprint  them, 
owing  to  the  supposed  danger  of  cheap  reprints  being  issued  by 
unauthorized  parties. 

' '  We  occasionally  purchase  plates  of  foreign  books,  chiefly  of  books 
that  we  could  not  afford  to  set  the  type  of,  and  which  we  would  other- 
wise import.  In  our  branch  of  the  business  we  very  seldom,  if  ever, 
sell  plates  abroad.  The  foreign  market  for  American  scientific  books 
is  not  large  enough  to  warrant  the  exportation  of  plates  to  any  large 
extent. 

"Our  general  opinion  of  the  operation  and  effect  of  the  interna- 
tional copyright  law  is  that  it  has  worked  to  the  good  of  all  parties 
concerned.  We  firmly  believe  in  the  clause  requiring  books  to  be 
manufactured  in  this  country.  We  believe  that  the  law  could  be 
altered  to  advantage  in  regard  to  the  clause  requiring  simultaneous 
publication.  This  is  especially  true  of  translations." 

46.  Drexel  Biddle,  Philadelphia,  Pa.: 

"The  international  copyright  law  has  been  of  great  benefit  both  to 
publishers  and  to  book  manufacturers.  To  publishers  because  it  cre- 
ates a  value  on  the  works  of  foreign  authors,  and  allows  one  certain 
publisher  to  acquire  and  own  works  which  would  otherwise  be 
common  property  to  all,  and  hence  of  no  value,  save  from  the  point  of 
the  small  profits  obtainable  by  close  competition  in  the  cutting  of 
prices,  which  latter  is  not  necessar}7  in  view  of  the  copyright  law 
which  allows  ownership  and  protects  against  'piracy.' 

"The  copyright  law  is  a  benefit  to  the  book  manufacturer  because 
he  can  get  better  prices,  being  unhampered  by  close  competition,  in 
that  he  has  articles  which  others  are  not  allowed  to  duplicate. 

"The  international  cop3Tright  law  is  of  benefit  to  compositors,  book- 
binders, pressmen,  and  empWees  generally,  in  that  their  employers, 
the  book  manufacturer  or  the  publisher,  or  both,  obtain  better  prices, 
and  hence  pay  better  salaries. 

"The  international  copyright  law  is  of  benefit  to  foreign  authors, 
in  that  it  allows  them  to  command  prices  for  their  work  which  before 
the  law's  enforcement  was  valueless  in  the  United  States,  and  hence 
could  be  taken  by  publishers  without  either  the  asking  or  payment 
therefor. 

' '  The  law  is  of  benefit  to  the  American  author  because  the  work  of 
the  foreign  author  can  not  be  bought  at  a  lower  price,  it  being  of 
equal  value  to  its  publisher.  The  works  of  the  American  authors 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       63 

were  handicapped  in  their  sale  before  the  enactment  of  the  law  when 
works  of  foreign  authors  undersold  them. 

"The  copyright  law  has  been  of  great  benefit  to  the  book-purchas- 
ing public,  who  since  its  enactment  are  now  able  to  secure  the  works 
of  foreign  authors  from  American  publishers  in  as  good  and  often 
h' nor  editions,  from  the  book-making  standpoint,  than  as  the  original  for- 
eign editions.  Expensive  types,  good  paper,  and  de  luxe  editions  for 
works  by  foreign  authors  are  now  profitable  for  publishers,  and  hence 
obtainable  by  the  book  buyer.  And  yet  competition  among  publishers, 
created  by  the  enactment  of  the  law,  for  each  successive  work  by 
worthy  foreign  authors  enables  various  publishers  to  secure  different 
[editions]  of  the  works,  hence  creating  competition  for  their  sale  and 
keeping  prices  down  and  fair  to  the  buyer. 

"The  law  has  increased  the  selling  price  of  books,  each  book  being 
a  monopoly  in  that  it  can  not  be  published  by  more  than  a  single  pub- 
lisher invested  with  the  care  or  proprietorship  of  its  copyright.  The 
cost  for  the  American  editions  of  the  works  of  foreign  authors,  while 
being  advanced  some  60  per  cent  above  the  cost  at  which  said  editions 
were  obtainable  before  the  law's  enactment,  has  been  productive  of 
the  result  that  the  workmanship  in  the  books  has  improved  some  60 
per  cent. 

" '  Piracy,'  as  practiced  prior  to  the  enactment  of  the  law  in  question, 
was  detrimental  to  printers,  in  that  its  keynote  was  the  competition  in 
cheapness  of  the  manufacture,  and  hence  in  the  low  rates  obtainable 
by  printers  for  their  work.  "  Piracy '  was  detrimental  to  publishers 
because  it  allowed  unlimited  competition  in  cheap  production,  which 
necessitated  small  returns.  Since  foreign  authors  have  been  able  to 
obtain  prices  for  their  work  in  America,  publishers  have  been  enabled 
to  secure  sole  rights  to  publish,  and  hence  to  secure  better  returns. 

"  The  exchange  of  plates  between  American  and  European  publishers 
is  discouraged  to  America  by  the  heavy  duty  required  on  importation. 

"The  exchange  of  plates  to  the  European  publisher  is  discouraged 
because  labor  is  cheaper  abroad,  and  hence  plates  can  be  made  cheaper 
there  than  in  this  country. 

"The  international  copyright  law  is,  as  a  whole,  highly  beneficial, 
and  in  fact  a  necessity  for  the  advancement  and  enlargement  of  Ameri- 
can book-publishing  business. 

"The  method  by  which  American  copyright  of  works  by  Americans 
as  well  as  foreign  authors  that  are  to  be  published  abroad  must  be 
secured  is  ofttimes  of  great  inconvenience  as  well  as  expense  to  the 
American  publisher.  And  it  sometimes  happens  that  under  the  pres- 
ent requirements  of  the  American  copyright  law  American  publishers 
lose  copyrights  for  themselves  and  for  their  authors,  American  as  well 
as  foreign.  The  reason  for  this  is  the  impatience  of  the  foreign  pub- 
lisher who  publishes  when  he  is  ready,  being  unrequired  to  await  the 


64      INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

convenience  of  the  American  publisher.  And  the  latter  is  required 
by  American  law,  if  he  would  secure  copyright,  to  have  deposited  com- 
plete printed  copies  with  the  Librarian  of  Congress  on  or  before  the 
date  of  foreign  publication. 

"Now,  where  he  has  insufficient  time  in  which  to  type-set  and  print 
he  loses  the  copyright.  A  clause  in  the  law  putting  the  American 
publisher  to  such  disadvantage  seems  unfair. 

"Now,  the  law  requiring  simultaneous  publication  dates  might  be 
maintained  and  yet  the  law  might  be  modified.  Type-written  title  pages 
deposited  with  the  Librarian  of  Congress  copyrights  the  title  of  a  work. 
Why  could  not  an  amendment  be  made  whereby  the  type-written  copies 
of  the  text  or  body  of  the  work  could  be  deposited  with  the  Librarian 
of  Congress  and  made  to  secure  ownership  and  copyright?  This  single 
technicality  seems  to  be  the  only  flaw  in  an  otherwise  perfect  inter- 
national copyright  law,  and  it  is  a  flaw  which  causes  many  a  loss  of 
copyright. 

"I  should  like  to  add  a  word  regarding  the  subject  of  dutv  on  the 
import  of  foreign  books. 

"The  charge  of  this  duty  does  not  in  the  long  run  seem  to  benefit 
the  American  manufacturer,  for  there  are  many  uncopyrighted  books 
which  are  not  imported  on  account  of  this  duty  and  for  which  there 
is  hence  no  American  demand  created.  With  the  import  duty  on 
books  dispensed  with,  small  quantities  would  find  their  way  to  America, 
which  would  create  a  demand  and  result  in  additional  work  to  the  manu- 
facturer, for  it  would  be  cheaper  to  meet  the  increasing  demand  by 
manufacturing  large  editions  on  this  side  than  by  buying  them  abroad. 

"  The  business  of  the  importer  of  foreign  books  is  greatly  curtailed 
by  the  risks  he  must  run  and  the  expense  he  must  go  to  before  he  can 
secure  his  stock  for  exhibition  to  American  buyers.  He  can  open  no 
consignment  accounts  abroad  but  is  obliged  to  buy  outright,  and  hence 
can  not  carry  the  variety  of  stock  which  might  otherwise  be  within 
his  grasp  to  secure. 

"  The  educational  interests  of  the  country  are  at  stake,  and  were 
there  no  duty  on  the  importation  of  foreign  books  volumes  would 
find  their  way  into  the  public  and  private  libraries  of  this  country, 
which  are  now  excluded  from  American  shores  and  must  be  sought 
for  reference  in  foreign  libraries  and  of  foreign  publishers  by  Ameri- 
cans of  research,  whose  self-appointed  duty  it  is  to  write  works  of 
education  and  instruction." 

47.    Charles  Foster  Publishing  Company,  Philadelphia,  Pa. : 

"The  international  copyright  law  has  been  beneficial  to  publishers 
and  all  allied  trades  and  professions,  as  it  has  encouraged  home  pro- 
duction. 

"Compositors  have  been  directly  benefited,  as  the  law  has  put  an 
end  to  the  photo-reproduction  of  the  type  of  English  books.  Book- 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       65 

binders  and  pressmen  are  busier  than  at  any  time  since  I  have  been  in 
the  publishing1  business,  and  produce  more  books,  hence  I  should  say 
they  were  benefited  by  present  conditions. 

"Authors  in  the  United  States  benefit  by  the  protection  afforded 
them  by  the  international  copyright  law  in  the  same  measure  that 
dealers  in  merchandise  benefit  by  laws  protecting  them  from  competi- 
tion by  dealers  in  stolen  goods. 

"The  public  in  America  now  benefits  by  the  encouragement  given 
native  talent,  which  is  building  up  a  national  literature.  Literature 
stands  in  the  same  need  of  protection  as  any  other  industry. 

"The  international  copyright  law  has  had  no  effect  whatever  on  the 
] trice  of  the  hooks  made  in  the  United  States.  With  the  exception  of 
lowest  grade,  cheap,  paper-bound  books,  publishers  in  the  United 
States  have  always  paid  authors,  printers,  binders,  and  paper  makers 
fair  prices  for  their  product.  This  governs  the  price  of  books. 
Publishers  of  the  low-grade,  paper-boon*}  books,  on  the  other  hand, 
never  pay  an  author  a  cent,  as  they  depend  on  copying  foreign  books 
free  of  charge.  They  pay  the  paper  maker,  printer,  and  binder  as 
little  as  possible  for  the  poorest  and  lowest  grade  of  labor  and  mate- 
rial. Not  satisfied  even  yet  with  these  cutthroat  methods  they  suc- 
ceed in  getting  transportation  practically  free  by  calling  their  books 
'libraries1  or  'serials'  and  entering  them  at  the  post-office  as  second- 
class  matter  carried  at  the  rate  of  '  1  cent  per  pound,'  whereas  publish- 
ers of  honest  books  pay  '8  cents  per  pound.' 

"'Piracy,'  as  practiced  prior  to  the  enactment  of  the  international 
copyright  law,  was  most  beneficial  to  the  publishers  of  the  class  of 
'books'  just  referred  to.  Grist  was  required  to  keep  their  mills  run- 
ning, and  they  found  it  by  printing  everything  in  sight  not  protected 
by  law.  Since  personal  property ,  in  literature  has  benefited  by 
enlightened  laws,  which  recognize  that  it  is  not  to  be  stolen  with 
impunity,  any  more  than  merchandise,  their  mills  have  run  a  little- 
short  of  grist.  Labor  has  not  suffered,  as  printers,  paper  makers, 
bookbinders,  etc.,  have  their  hands  full  of  higher  grade  work.  The 
only  sufferers  have  been  a  few  pirate  captains,  who  for  years  have 
swept  the  seas  clean  of  unprotected  literary  treasures — and  trash. 

"'Plates  are  not  exchanged  to  any  extent,  so  far  as  I  know,  by  pub- 
lishers in  this  and  foreign  countries. 

"The  operation  of  the  international  copyright  law  benefits  and 
elevates  the  profession  of  book  making,  and  in  my  opinion  has  right 
and  justice  on  its  side.  The  world  and  its  people  are  constantly  grow- 
ing closer  together,  and  place  of  residence  should  not  extenuate  rob- 
bery. What  belongs  to  a  man  in  America,  England,  Germany,  or 
France,  should  belong  to  him  in  all  these  countries — and  mutual  inter- 
change on  a  basis  of  fairness  and  justice  will  benefit  all. 

"If  any  change  should  be  contemplated  in  the  present  international 
S.  Doc.  87 5 


66       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

copyright  law,  I  think  the  clause  relating  to  simultaneous  publication 
should  be  altered,  as  it  does  no  good  and  requires  one  or  the  other  side 
to  lose  three  or  four  months'  time  in  bringing  out  a  book."' 

48.  Tlie  Curtis  Publishmg  Company,  Philadelphia,  Pa.: 
"Replying  to  your  several  inquiries  with  regard  to  the  present 

international  copyright  law,  I  beg  to  say  that  I  believe  it  works  greatly 
to  the  advantage  of  both  authors  and  legitimate  publishers.  The  fact 
that  American  books  were  never  so  much  read  in  Great  Britain  as  they 
are  to-day  would  seemingly  tend  to  show  that  the  copyright  act  has 
been  of  distinct  advantage  to  writers  on  this  side  of  the  water. 

"  Its  effect  on  the  reading  public  has  been  to  keep  off  the  market  a 
great  number  of  pirated  editions  of  popular  authors,  but  as  authorized 
editions  of  books  by  these  writers  may  be  obtained  at  reasonable  prices 
I  do  not  think  that  the  book-buying  public  has  suffered  any  wrong, 
and  except  in  a  few  instances — so  few  as  to  be  negligible — I  do  not 
think  that  the  selling  price  of  current  books  has  been  materially  altered 
by  the  act  in  question ;  nor  do  I  think  that  its  effect  on  labor  has  been 
other  than  good. 

44  What  seems  to  me  to  be  the  principal  defect  of  the  law,  as  it  stands 
at  the  present  time,  is  the  requirement  of  simultaneous  publication. 
In  order  to  compty  with  this  clause  of  the  law  the  publication  of  a 
timely  article  or  book  must  often  be  delayed  from  ten  days  to  two 
weeks,  and  publishers  are  put  to  considerable  expense  and  inconven- 
ience thereby.  If  the  law  was  so  altered  that  duplicate  copies  of  copy- 
righted books  might  be  entered  at  Stationer's  Hall  any  time  within 
sixty  or  ninety  days  after  actual  publication  in  the  United  States,  it 
would  be  a  distinct  advantage  to  both  writer  and  publisher." 

49.  George  W.  Jacob*  <&  Co.,  Philadelphia,  P«.: 

"'The  law  has  been  beneficial  to  publishers  for  the  reason  that  it  has 
enabled  them  to  control  the  sale  of  books  by  foreign  authors;  and  to 
book  manufacturers  for  the  reason  that  it  has  raised  the  standard  of 
book  manufacturing,  in  that  the  tendency  under  the  old  order  of  things 
was  to  cheapness,  and  this  we  think  detrimental  to  any  business. 

k4  It  has  been  beneficial  to  compositors,  bookbinders,  pressmen,  and 
employees  generally  for  the  reason  that  the  law  requires  all  books  by 
foreign  authors  to  be  manufactured  in  the  United  States. 

"•It  has  been  beneficial  to  authors,  foreign  and  American,  for  the 
reason  that  foreign  authors  receive  a  royalty  under  the  international 
copyright  law  which  they  did  not  receive  previous  to  its  enactment: 
beneficial  to  American  authors  for  the  reason  that  they  do  not  now 
havo  to  enter  into  competition  with  cheap  reprints  of  foreign  authors. 

44  It  has  been  detrimental  to  the  book-purchasing  public  to  the  extent 
that  the  book-purchasing  public  undoubtedly  pay  more  for  the  copy- 
righted works  of  foreign  authors  than  they  did  before;  but  beneficial 
in  view  of  the  fact  that  they  have  not  now  foisted  upon  them  books  of 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       67 

questionable  merit  which  were  reprinted  in  a  great  many  cases  simply 
to  retain  the  'library'  feature  in  order  to  obtain  second-class  postage 
rates. 

"The  law  has  undoubtedly  increased  the  price  of  copyrighted  books 
by  foreign  authors  published  in  America,  possibly  from  50  to  100  per 
cent.  This  increase  in  cost  is  accounted  for  from  the  fact  that  such 
books  are  now  published  by  first-class  houses  who  will  have  nothing 
but  first-class  work,  and  in  a  great  majority  of  cases  special  cover 
designs,  binders'  dies,  illustrations,  etc.,  have  to  be  provided,  and  this 
additional  expense  in  connection  with  the  royalties  paid  to  the  foreign 
authors  accounts  for  this  apparently  large  percentage  of  increase. 

"  We  should  sa}r  that  piracy  was  detrimental  to  both  printers  and 
publishers;  to  printers  for  the  reason  that  it  was  a  question  of  how 
cheaply  they  could  produce  a  book,  to  publishers  for  the  reason  that 
previous  to  the  enactment  of  the  law  it  would  have  been  unprofitable 
for  them  to  have  '  published'  an  edition  of  any  foreign  book. 

"American  and  European  publishers  exchange  plates,  but  in  the 
case  of  American  publishers  importing  plates  the  copyright  privilege 
does  not  of  course  follow.  On  the  contrary,  however,  plates  are  fre- 
quently made  by  American  publishers,  and  duplicates  made  therefrom 
and  sent  to  European  publishers. 

"The  international  copyright  law  has  on  the  whole  been  beneficial, 
and  the  only  change  that  we  could  suggest  is  that  American  publishers 
be  granted  90  days  at  least  between  the  date  of  foreign  publication 
and  the  date  for  perfecting  American  copyright.  We  also  think  the 
law  should  be  amended  so  as  to  provide  copyright  protection  on  all 
translations  of  the  works  of  authors  in  the  countries  where  the  inter- 
national copyright  law  is  in  force,  the  author  or  original  publisher  to 
have  the  sole  right  to  determine  who  shall  make  or  publish  such 
translations." 

50.  Keeler-KirltpatrickManufacturing  C<>n<p<iiiy,  Philadelphia, Pa. : 
"  WTe  believe  international  copyright  laws  are  right  in  principle 

in  giving  to  the  foreign  author  the  protection  he  is  justly  entitled  to. 

"  ThejT  prevent  cheap  reprints  of  foreign  books  as  formerly  pub- 
lished and  sold  in  the  United  States,  paying  no  authors  royalty  and 
underselling  the  publications  by  American  authors. 

"  The  piracy  previously  prevalent  was  undoubtedly  detrimental  to 
our  authors,  printers,  publishers,  and  the  book  trade  in  general. 

"  The  protection  given  in  the  international  copyright  laws  that  in 
all  reprints  of  foreign  books  the  plates,  printing,  and  binding  shall  be 
done  in  the  United  States  is  all  the  protection  that  all  parties  interested 
can  justly  demand." 

51.  Lea  Brothers  &  Co.,  Philadelphia,  Pa.: 

"As  far  as  publishers  and  book  manufacturers  are  concerned,  the 
international  copyright  law  has  worked  to  their  advantage.  It  has 


68       INTERNATIONAL    COPYRIGHT    LAW   IN    THE    UNITED    STATES. 

enabled  them  to  print  and  make  books  here  that  would  not  have  been 
undertaken  under  the  possibility  of  piratical  reprints  permissible  prior 
to  the  passage  of  the  law.  The  law  has  given  at  least  a  degree  of 
assurance  to  a  business  that  must  always  be  of  a  highly  speculative 
character. 

"The  international  copyright  law  as  framed  with  the  manufacturing 
clause  as  a  protection  to  the  labor  interests  has  had  no  deleterious 
efi'ect  on  the  workmen  engaged  in  the  various  departments  of  book- 
making,  while  without  the  manufacturing  clause  they  would  have 
been  sufferers  to  an  untold  extent.  The  foresight  and  wisdom  of  the 
typographical  unions  of  the  country,  backed  by  all  other  branches  of 
organized  labor,  in  insisting  on  the  manufacturing  clause  have  been 
clearly  vindicated.  The  foreign  publisher  has  entered  this  market  and 
international  copyright  has  given  him  ample  protection,  but  the  manu- 
facturing clause  (which  he  opposed  to  the  best  of  his  ability)  has 
forced  him  to  make  in  this  country  the  books  he  sells  in  its  markets. 

"International  copyright  law  has  been  of  unquestioned  benefit  to 
all  well-known  authors,  both  foreign  and  American,  but  in  the  case  of 
authors  not  widely  known  it  has  had  no  appreciable  beneficial  effect, 
and  perhaps  this  may  account  for  some  of  the  efforts  to  amend  or 
change  the  law. 

"International  copyright  has,  in  our  opinion,  had,  in  a  broad  sense. 
no  effect  whatever  on  the  book-purchasing  public.  Other  factors 
entirely  outside  of  copyright  have  affected  the  prices  of  books.  The 
demand  is  ever  variable.  The  low-priced  libraries  are  no  longer 
called  for,  and  at  the  present  time  the  people  seem  to  appreciate  well- 
made  books  and  are  willing  to  pay  the  necessary  advance  in  price  over 
the  cheap-library  style.  A  glance  at  the  market  as  exemplified  by  any 
well-conducted  bookstore  will  show  that  well-printed  and  well-bound 
books  are  cheaper  now  than  ever  before. 

"International  cop3^right  has  had,  outside  of  perhaps  a  few  indi- 
yidual  books  which  need  not  be  considered  in  replying  to  the  general 
question,  no  influence  on  the  price  of  books.  With  books,  as  with 
every  other  kind  of  merchandise,  price  is  controlled  by  supply  and 
demand.  An  overproduction  means  low  prices,  an  overconsumption 
higher  prices. 

"Competition  is  just  as  keen  in  literature  as  in  an}T  other  branch  of 
human  labor.  A  success  in  any  line  of  literature  quickly  begets  sim- 
ilar productions.  For  example,  a  Hugh  Wynne  is  quickly  followed 
by  a  Richard  Carvel  and  a  Janice  Meredith. 

"  Book  piracy  was  never  in  the  history  of  the  book  trade  as  common 
nor  as  flagrant  as  report  would  have  it.  All  reputable  publishers  made 
arrangements  with  English  publishers  or  authors  and  paid  them  what- 
ever the  market  here  would  afford.  In  our  own  experience  some  authors 
have  told  us  they  received  more  from  us  than  from  the  English  pub- 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       69 

lishers  of  their  books.  We  will  only  add  that  if  disreputable  publish- 
ers (and  we  can  assure  you  there  were  very  few  of  them)  suffered  by 
the  passage  of  international  copyright  they  deserved  all  they  got.  As 
to  the  printers,  they  have  quite  as  much  work  under  international 
copyright  as  they  had  under  the  so-called  *  piracy.' 

"  European  and  American  houses  occasionally  sell  electrotype  plates 
where  books  are  not  likely  to  be  of  value  sufficient  to  bear  the  addi- 
tional expense  of  manufacture.  In  such  books  any  form  of  copyright 
has  very  little  value. 

"  International  copyright  law  has  worked  fully  as  well  as  we  had 
anticipated.  It  has  not  made  authors  rich  in  a  year  or  two,  nor  has  it 
(thanks  to  the  manufacturing  clause)  thrown  everything  into  the  lap 
of  the  English  publisher  or  English  printers.  Practically  all  of  the 
labor  that  goes  into  the  making  of  books  has  been  retained  for  Ameri- 
can workmen,  and  that  is  as  it  should  be. 

"As  for  the  clause  requiring  simultaneous  publication  here  and 
abroad,  we  have  found  no  difficulty  in  meeting  its  provisions.  The 
foreign  publisher  with  whom  our  arrangements  may  have  been  made 
has  always  been  willing  to  hold  his  book  for  the  necessary  two  or  three 
weeks;  any  change  in  this  respect  would  give  the  English  publisher 
more  hold  on  this  market." 

512.  J.  B.  Lippincott  Compel  a  ;/*  nttl<i<l*-lplua,  Pa.: 

"'This  law  has  been  of  undoubted  benefit  to  the  various  branches  of 
book  manufacture,  both  employers  and  employees,  by  securing  the 
manufacture  in  this  country  of  all  copyright  books,  whether  of  Amer- 
ican or  foreign  origin. 

"  We  believe  that  the  interests  of  authors,  both  foreign  and  American, 
have  been  benefited,  as  both  can  now  secure  legal  protection  for  their 
property  and  a  share  in  the  pecuniary  returns  therefrom. 

"While  some  copyright  books  of  foreign  origin  ma3T  not  have 
resulted  profitably  to  the  American  publishers,  and  even  the  average 
results  may  not  have  much  enhanced  the  publishing  profits,  the  inter- 
national feature  of  the  law  is  certainly  an  advantage  to  the  trade, 
not  altogether  because  of  the  immediate  profits,  but  because  the 
demoralizing  and  ruinous  competition  is  avoided  which  accompanied 
the  reckless  reprinting  not  unusual  prior  to  1891. 

"The  prices  of  certain  books  may  have  been  increased,  but  we  do 
not  think  that  the  law  has  tended  to  materially  increase  the  prices  of 
books.  If  such  a  change  in  prices  has  been  effected  within  the  last 
few  years,  about  which  we  doubt,  it  is  due  more  to  absolute  necessity 
of  trade,  cost  of  manufacture,  etc.,  than  to  international  copyright, 
which  only  affects  a  comparatively  limited  number  of  books. 

"So  far  as  the  law  may  have  affected  the  book-purchasing  public, it 
seems  to  us  beneficial  in  its  tendency,  by  providing  a  more  limited  and 
more  choice  class  of  literature,  and  by  presenting  this  literature  in 


70       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

suitable  form,  i.  e.,  good  paper,  press  work,  and  binding,  and  not 
demoralizing  both  the  literary  and  artistic  taste  by  trashy  books  in 
cheap  and  nasty  form. 

"It  not  having  been  our  custom  to  engage  in  piratical  reprinting 
before  the  enactment  of  the  international  copyright  law,  we  can  not 
speak  from  experience  as  to  its  result  to  the  printer.  Our  impression 
is,  however,  that  generally  speaking  it  was  not  profitable,  and  in  many 
cases  it  was  decidedly  the  reverse,  and  in  some  even  disastrous  to  the 
reprinter.  It  was  certainly  injurious  to  the  publishing  trade  in 
general. 

"Far  more  plates  are  now  sold  from  America  to  England  than  prior 
to  the  copyright  law.  Then  the  sale  of  an  American  set  of  plates 
abroad  was  very  infrequent;  now  it  is  quite  common. 

"In  the  main  the  international  copyright  law  operates  satisfactorily. 
In  some  respects  it  could  be  changed  without  involving  any  hardship 
or  infringing  any  principle  of  the  law,  e.  g.,  the  present  requirements 
for  simultaneous  publication  are  often  seriously  disadvantageous  and 
involve  needless  and  even  wasteful  expense.  Again,  it  is  almost  impos- 
sible to  determine  just  what  is  requisite  in  copyrighting  a  foreign 
publication  which  first  appears  serially  and  is  to  be  published  only  in 
book  form  in  America.  This  applies  to  a  very  considerable  proportion 
of  books  published  here  under  the  international  copyright  law  and 
involves  questions  difficult  to  solve  either  legally  or  practically." 

53.   The  Penn  Publishing  Company,  Philadelphia,  Pa.  : 

"Our  feeling  in  regard  to  the  international  copyright  law  is  that  it 
has  been  beneficial  to  both  authors  and  publishers. 

"To  authors,  because  books  that  are  protected  by  the  law  enable 
them  to  get  their  royalties  on  the  sales  in  both  countries,  and,  as  their 
compensation  at  best  is  small  enough,  this  is  only  justice  to  them. 

"To  publishers,  because  it  enables  them  to  profit  by  the  sales  of  the 
books  in  both  countries.  An  additional  advantage  results  to  publishers 
because  by  means  of  the  law  piratical  publishers  are  prevented  from 
republishing  new  books.  As  pirated  books  are  always  sold  at  a  very 
low  price,  they  greatly  interfere  with  the  sale  of  copyrighted  books, 
which  of  necessity  must  be  sold  at  a  higher  price  than  those  which  are 
pirated. 

"  Pirated  books  have  a  tendency  to  demoralize  book  dealers  and  indi- 
vidual buyers.  It  is  difficult  for  an  individual  buyer  to  understand 
why  two  books  of  equal  grade  in  their  manufacture  should  not  sell  for 
the  same  price.  Of  course  the  reason  is  that  in  the  one  case  the  pirat- 
ical publisher  pays  no  author's  royalty,  whereas  in  the  case  of  the 
legitimate  publisher  a  percentage  on  the  sale  of  each  book  must  be 
paid  to  his  author. 

"  It  is  doubtful  if  the  law  has  increased  the  selling  price  of  books  to 
any  extent.  It  has,  however,  enabled  American  publishers  to  find  a 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       71 

somewhat  more  ready  market  for  American  books,  because  with  the 
diminished  number  of  pirated  books  it  is  easier  to  find  a  market  for 
American  copyright  books. 

"Piracy  as  carried  on  prior  to  the  enactment  of  the  law  certainly 
was  not  beneficial  to  the  majority  of  publishers.  It  is  doubtful  if  it 
ever  was  of  advantage  to  printers,  because  with  the  reduced  number 
of  pirated  books  there  are  that  many  more  copyrighted  books  pub- 
lished, and  thus  printers  are  kept  as  busily  occupied  as  before  the 
enactment  of  the  law.  So  far  as  we  ourselves  are  concerned,  the  inter- 
national copyright  law  as  it  now  stands  is  satisfactory,  and  we  are  not 
aware  of  the  necessity  of  any  amendments  of  note." 

54.  W.  B.  Saiuidcrs  (medical  publisher),  PhU<i(l,!j>}<  HI,  I\i.: 

"  This  law,  in  my  opinion,  has  had  very  little,  if  any,  effect  upon  the 
publication  of  medical  books. 

"The  law  requiring  that  the  typesetting,  printing,  and  binding  be 
done  in  this  country  should  be  beneficial  to  printers,  compositors,  etc. 

"Authors,  of  course,  benefit  by  the  law,  as  it  protects  them  from 
unauthorized  publication  of  their  works. 

"I  can  not  see  that  any  material  increase  in  the  selling  price  of 
books  is  necessitated  by  the  law. 

"  Piracy,  as  practiced  prior  to  the  enactment  of  the  law,  was,  in  my 
opinion,  beneficial  chiefly  to  the  piratical  publishers. 

"In  the  medical  line  the  exchange  of  plates  between  American  and 
European  publishers  is  very  rare,  owing  partly  to  the  difficulty  of 
reproducing  the  half-tone  illustrations  so  extensively  employed  nowa- 
days in  medical  books." 

55.  P.   W.  Ziegler  &  Co,,  Philadelphia,  P<L: 

"  We  do  not  believe  the  international  copyright  law  has  been  det- 
rimental to  publishers  or  book  manufacturers  to  any  considerable 
extent.  It  has,  no  doubt,  been  beneficial  to  a  few  publishers  who  have 
had  control  of  profitable  copyrighted  books  written  by  foreign  authors. 
It  has  not,  we  think,  however,  been  of  any  benefit  to  the  great  majority 
of  the  publishers. 

"We  do  not  believe  that  the  international  copyright  law  as  it 
stands  at  present  has  had  any  appreciable  efl'ect  upon  the  compositors, 
bookbinders,  pressmen,  and  other  employees  of  publishers. 

"  The  law  has  no  doubt  been  of  some  benefit  to  foreign  authors.  We 
are  unable  to  see  where  there  has  been  any  considerable  benefit  to 
American  authors. 

"  We  believe  the  law  is  a  disadvantage  to  the  book-purchasing  pub- 
lic, because  it  has  a  tendency  to  increase  the  prices  of  books  of  foreign 
origin. 

"  We  do  not  believe  the  law  has  had  any  appreciable  efl'ect  on  the 
soiling  price  of  books  except  those  directly  affected  by  it.  The  ratio 
between  the  price  of  a  copyrighted  book  and  a  book  of  the  same  grade 


72       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

of  manufacture  not  copyrighted  would  probably  bo  about  as  two 
to  one. 

"The  reprinting  of  foreign  copyright  books  in  America  undoubt- 
edly makes  a  great  deal  of  business  for  printers  and  publishers  and  is, 
consequently,  decidedly  to  their  bench' t.  This  business,  however,  is 
nearly  as  great  under  the  international  copyright  law  as  it  was  prior 
to  the  passage  of  the  law,  because  only  a  very  few  foreign  books  are 
copyrighted  in  America. 

"A  good  many  English  and  French  plates  arc  shipped  to  America. 
Very  few  American  plates  are  shipped  abroad. 

"  We  see  no  advantage  to  the  American  publisher,  author,  or  public 
in  an  extension  of  the  international  copyright  law.  The  question 
seems  to  us  one  of  morals  rather  than  of  profit.  We  believe  that  the 
protection  we  give  the  foreign  author  in  the  product  of  his  brain  is 
given  him  at  much  heavier  expense  to  our  pocketbooks.  We  believe 
that  for  every  dollar  we  give  the  foreign  author  as  royalty  on  his 
productions,  we  in  America  would  lose  $2  of  profits  we  might  other- 
wise make.  We  think  the  international  cop3Tright  law  is  a  satisfactory 
one  as  it  stands.  It  gives  the  foreign  author  the  opportunity'  of  pro- 
tecting his  work,  if  he  considers  it  of  sufficient  importance,  but  as  a 
matter  of  fact  makes  this  so  difficult  that,  as  a  rule,  he  does  not  avail 
himself  of  the  opportunity." 

OPINIONS   OF   PUBLISHEBS    AND    OTHERS    ADVERSE   TO   THE^ 
INTERNATIONAL  COPYRIGHT  LAW. 

1.  Richard  U.  Badger  dis  Co.,  Boston,  Max*. / 

"In  regard  to  the  question  of  international  copyright,  we  would 
offer  as  the  ideal  method  that  the  registering  of  copyrights  in  the 
United  States,  as  is  now  done,  should  secure  copyright  protection  in  all 
countries.  If  this  can  not  be  brought  about,  it  seems  as  if  the  present 
cumbersome  system  had  best  be  left  alone,  for  further  manipulating  is 
likely  to  result  in  a  series  of  laws  even  more  unwieldly,  if  such  a  thing 
could  be  possible. 

"So  far  as  our  personal  knowledge  and  observation  extend,  we 
should  say  that  the  author  is  the  only  party  to  the  making  of  a  book 
who  has  received  any  distinct  advantage  by  the  present  copyright 
laws;  the  purchaser  has  to  pay  more  for  his  reading  matter,  the 
printer  does  not  get  so  much  work,  and  publishers  certainly  never 
failed  with  more  regularity  than  at  the  present  time." 

2.  De  Wolfe,  Fitke  <&  Co.,  Boston,  Ma**.: 

"First.  'Has  the  international  copyright  law  been  detrimental  or 
beneficial  to  publishers  or  book  manufacturers?  In  what  respects?' 

"In  regard  to  this  question,  1  believe  that  generally  it  has  been 
detrimental,  though  it  may  have  been  beneficial  to  a  few  of  the  larger 
publishers.  You  can  readily  understand  that  the  publishers  with  a 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       73 

large  capital  behind  them  are  the  only  ones  that  can  compete  success- 
fully for  the  books  of  the  best  foreign  authors;  so  this  law  actually 
narrows  down  the  work  of  these  authors  to  about  half  a  dozen 
publishers. 

"Second.  In  regard  to  compositors,  bookbinders,  pressmen,  and 
employees  generally. 

k>  I  believe  that  an  open  market  would  lead  to  more  business  for 
these  people,  and  that  their  wages  would  certainly  not  be  less,  and 
probably  more.  However,  the  clause  in  the  international  copyright 
law  which  says,  '  In  order  to  obtain  copyright  a  foreign  book  has  to 
bo  manufactured  in  this  country.'  has  had  the  effect  of  not  hurting 
these  people1  as  much  as  it  would  otherwise  have  done. 

""Third.  In  regard  to  authors,  foreign  and  American. 

"'I  think  there  is  no  question  that  the  foreign  author  (and  by  the 
foreign  author  I  mean  particularly  the  English  author)  has  been 
largely  benefited  to  the  detriment  of  our  own  authors.  Giving  the 
English  author,  of  course  as  this  act  does,  the  same  rights  as  the 
American  author  has  brought  them  into  competition,  and  as  I  think  a 
fair  proportion  of  authors  is  about  25  to  1  in  favor  of  the  English, 
you  can  readily  see  that  this  competition  is  detrimental  to  the  Ameri- 
can author.  Of  course  this  does  not  apply  to  the  American  author 
that  had  already  obtained  a  reputation  before  this  law  went  into  force: 
but  it  does  apply  to  struggling  authors,  and  those  who  have  attempted 
to  become  authors  since  the  law  went  into  effect.  In  other  words,  the 
output  of  the  English  authors  gives  the  larger  American  publishers 
about  all  they  want  to  issue,  and  therefore  they  are  not  anxious  to 
bring  forward  our  own  authors  if  their  imputation  has  not  yet  been 
established. 

"I  believe  that  the  framers  of  the  international  copyright  law  had 
intended  the  effect  of  this  law  to  help  the  American  author.  I  held 
the  opinion  when  the  law  was  passed  (and  I  see  no  reason  to  change 
it)  that  it  did  exactly  the  reverse. 

''Fourth.  In  regard  to  your  question,  "Has  the  law  increased  or 
reduced  the  selling  price  of  books '. ' 

"I  should  say  that  on  the  newer  works  the  price  has  been  raised 
from  10  to  20  per  cent.  On  the  books  that  were  not  covered  by  the 
law,  or  books,  of  course,  which  are  older,  the  price  has  been  slightly 
reduced,  I  should  say  about  10  per  cent. 

"Fifth.  'Was  piracj^,  as  practiced  prior  to  the  enactment  of  the 
present  law,  beneficial  to  printers  or  to  publishers?' 

"I  should  say  in  answer  to  this  question  that  it  was  undoubtedly 
favorable  to  printers  and  to  publishers,  generally  speaking. 

"Sixth.   'Do  American  and  European  publishers  exchange  plates V 

"I  can  not  inform  you.     The}T  probably  do  to  some  extent. 

"Seventh.  In  regard  to  the  general  opinion  as  to  operation  and 


74       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

effect  of  the  international  copyright  law,  in  what  respects  it  should  be 
amended  or  changed. 

"1  think  you  will  gather  from  what  I  have  said  that  my  opinion  of 
the  best  way  to  amend  it  would  be  to  annul  it." 

3.  Ginn  cfe  Co.,  Boston,  Maxx.: 

' '  The  question  of  international  copyright  law  is  one  which  we  have 
not  considered  very  much,  as  it  does  not  materially  affect  the  school- 
book  business.  It  has  almost  wholly  to  do  with  general  literature. 
Each  country  has  its  own  methods  of  teaching,  and  the  school  books 
of  one  country  can  not  be  pirated  in  another  to  advantage. 

uThe  law  has,  however,  enabled  foreign  publishers  to  come  into  this 
country  and  compete  in  our  own  markets  to  better  advantage  than  they 
could  have  done  before.  They  have  been  given  a  standing  here  which 
they  could  not  have  had  but  for  this  international  copyright  law,  and 
on  that  account  it  has  operated,  I  think,  to  the  disadvantage  of  the 
publishers  of  our  country. 

"The  law  has  been  detrimental  to  publishers  in  this  country  also  in 
bringing  in  certain  conditions  which  pertain  in  other  lands.  For 
instance,  in  other  countries  most  publishers  send  out  a  very  limited 
number  of  agents  and  incur  a  very  small  expense  for  gift  copies  of 
books.  It  is  therefore  possible  for  them  to  pay  a  higher  royalty  than 
we  are  accustomed  to  pay  here.  When  these  foreign  houses  come  over 
here  and  continue  this  same  large  royalty  it  causes  the  authors  of  this 
country  to  feel  that  the  American  houses  are  unwilling  to  share  as  lib- 
erally with  them  as  they  could  afford  to  do.  It  will  be  several  years 
before  the  foreign  houses  learn  that  they  can  not  afford  to  spend  an 
unlimited  amount  in  advertising  their  books  through  agents  and  gift 
copies  and  at  the  same  time  pay  larger  copyrights  than  the  publishers 
of  this  country  are  accustomed  to  paj\  In  the  meantime  the  book 
trade  will  be  a  good  deal  disturbed  by  this  complication,  and  more  or 
less  injuiy  will  result. 

"  There  is  also  a  kind  of  courtesy  generally  prevailing  in  this  coun- 
try among  publishers  which  does  not  permit  them  to  interfere  with 
each  other's  authors  or  agents.  Such  courtesy,  it  seems,  does  not  pre- 
vail among  the  publishers  of  other  countries,  as  we  have  notable 
examples  of  quite  a  different  practice." 

4.  W.  B.  Conkey  Company,  Chicago,  111.  : 

"The  international  copyright  law  has  been  detrimental  to  publishers 
and  book  manufacturers  generally,  but  likewise  has  been  beneficial  to 
a  very  limited  number  of  publishers  and  book  manufacturers,  mainly 
because  previously  any  foreign  publications  that  proved  very  success- 
ful abroad  was  published  in  this  countiy  by  a  number  of  publishers 
instead  of  only  one,  as  at  the  present  time.  This  necessitated,  of 
course,  the  book  being  set  up  in  t}rpe  and  electrotyped  for  each  pub- 
lisher, whereas  at  the  present  time  it  requires  only  one  composition  on 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       75 

account  of  being  handled  by  only  one  publishing  house.  This  previ- 
ously required  more  work  for  the  printers  and  electrotypers,  and  as 
the  competition  between  publishers  was  generally  very  spirited,  it 
resulted  in  the  book  being  put  upon  the  market  at  the  very  lowest 
retail  price,  resulting  in  a  very  increased  sale  for  the  work,  which 
meant  more  presswork  and  binding  and  increased  consumption  of 
paper,  and  while  it  is  true  that  the  margin  of  profit  to  publishers  on 
account  of  the  competition  was  small,  yet  it  enabled  a  number  of  pub- 
lishers to  issue  the  work  on  account  of  the  small  cost  for  them  to  enter 
the  field,  whereas  now  there  are  high  bids  made  to  the  author  by  a 
very  few  publishers  for  successful  works  that  are  written  abroad 
to-day,  which  compels  the  publisher  who  gets  the  American  edition  to 
charge  a  very  high  price  for  the  book,  so  as  to  enable  him  to  offer  a 
very  large  consideration  to  the  author. 

'"This,  of  course,  shuts  out  small  publishers,  as  they  are  unable  to 
enter  the  field,  and  reduces  the  sale  of  the  work  that  it  might  other- 
wise have  on  account  of  the  high  retail  price  which  is  asked  by  the 
publisher  in  this  country.  A  comparison  of  this  is  shown  in  the 
price  asked  for  Trilby  as  compared  with  She,  and  likewise  a  compari- 
son in  the  number  of  copies  issued. 

"As  for  the  author,  as  it  now  stands,  a  foreign  author  gets  more 
money  than  he  used  to  prior  to  the  international  copyright  act,  but  it 
would  seem  to  me  if  a  law  could  be  made  whereby  the  foreign  author 
received  either  a  certain  per  cent  or  possibly  a  flat  price  per  copy  roy- 
alty for  each  and  eveiy  copy  sold  in  this  country,  and  if  said  price 
was  made  so  as  to  enable  the  publishers  in  this  country  to  retail  the 
book  at  a  low  price,  permitting  any  or  all  publishers  to  issue  the  work, 
as  before  the  international  copyright  act  was  passed,  it  would  seem  as 
though  the  increased  sale  of  the  work  on  account  of  the  energy  that 
would  be  put  into  it  by  the  various  publishers  who  wish  to  publish 
the  work  in  this  country  would  offset  the  increased  royalty,  given  by 
only  one  publishing  house  to  the  author,  and  would  protect  the  paper 
makers,  printers,  electrotypers,  and  binders  by  their  getting  their  full 
share  of  work.  A  protection,  however,  should  be  furnished  a  foreign 
author  that  would  insure  him,  in  a  measure  at  least,  that  he  would 
receive  the  proper  returns  for  the  sale  of  his  work  in  this  country— 
perhaps  a  clause  compelling  each  publisher  issuing  such  work  to  make 
a  sworn  accounting  semiannually  of  the  number  of  copies  issued  and 
sold,  and  compelling  each  publisher  before  issuing  any  foreign  work 
for  a  foreign  author  that  is  copyrightable  in  this  country  to  give  a 
bond  in  some  sum  sufficient  to  protect  the  author,  said  bond  to  be 
approved  by  some  United  States  official,  either  a  clerk  in  the  United 
States  court  or  some  proper  person.  The  rough  general  plan  out- 
lined above  would  then  seem  to  overcome  the  reduction  in  labor  that 
the  international  copyright  law  has  effected  and  its  turning  away  the 


76       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

issuing  of  foreign  publications  from  the  channels  that  they  used  to 
occupy." 

5.  Henry  Alternm  Company,  Philadelphia,  Pa. : 

•'The  international  copyright  law  has  been  detrimental  to  the  inter- 
ests of  the  American  people  for  the  following  reasons: 

"'First.  It  has  placed  in  the  hands  of  four  or  five  American  book  pub- 
lishers a  complete  monopoly.  These  few  houses,  to  the  exclusion  of 
all  others,  now  issue  all  the  popular  English  books  of  the  day.  In  this 
manner  this  law  practically  fosters  a  trust. 

"Second.  It  has  raised  the  price  of  popular  books  by  English 
authors  to  $1  per  copy  and  over  which  prior  to  1891  were  sold  at  10 
cents  per  copy  and  upward,  according  to  style.  In  this  way  current 
works  of  popular  English  authors  are  placed  beyond  the  reach  of  the 
average  reader,  who  doesn't  now,  for  this  reason,  enjoy  the  same 
opportunities  for  education  and  culture  as  was  possible  prior  to  the 
passage  of  this  law,  July  1,  1891. 

•'Third.  It  has  encouraged  English  book  publishers  to  open  branch 
offices  in  New  York  City,  thus  diverting  to  England  profits  from  sale 
of  books  in  this  country. 

"Fourth.  It  has  prevented  the  establishment  of  new  book-publish- 
ing houses,  and  has  thereby  discouraged  competition  and  increased 
prices  to  the  consumer. 

"Fifth.  Numerous  small  book-publishing  houses  have  been  pre- 
vented from  increasing  the  number  of  their  publications  by  English 
authors,  as  same  are  now  monopolized  as  stated  above.  In  many 
instances  small  publishers  have  been  compelled  to  go  out  of  business 
for  the  lack  of  opportunity  to  obtain  new  books  at  intervals  as  fre- 
quont  as  was  possible  prior  to  passage  of  this  law. 

"Sixth.  It  has  operated  to  the  detriment  of  the  American  author, 
artist,  engraver,  book  manufacturer,  bookbinder,  printer,  paper 
manufacturer,  and  all  the  allied  trades. 

"American  authors. — The  works  of  English  authors  are  popularly 
preferred  in  the  United  States  to  the  works  of  American  authors.  On 
this  account,  as  long  as  English  authors  are  protected  here  American 
authors  will  find  it  more  and  more  difficult  to  find  publishers  willing 
to  exploit  their  books.  On  account  of  the  popular  preference  for  the 
English  book,  the  American  publisher  will  prefer  it  to  the  American 
book,  as  chances  of  loss  are  less  in  publishing  it,  and  the  market  for  it 
is  more  certain  than  is  the  case  with  the  book  by  the  American  author. 

"  Before  the  international  copyright  law  went  into  effect  the  few 
American  book  publishers  favored  by  this  law  found  it  unprofitable, 
owing  to  competition,  to  largely  exploit  books  bjr  English  authors, 
and  gave  preference  to  the  work  of  the  American  author,  which  could 
be  copyrighted.  Statistics  will  show  that  the  number  of  new  books  by 
American  authors  now  published  each  year  is  less  in  proportion  to 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       77 

population  than  was  the  case  prior. to  July  1,  1891,  when  the  inter- 
national copyright  law  went  into  effect.  With  few  exception*  the 
American  author  has  been  driven  out  of  the  market  by  his  English 
competitor. 

'"'American  artists  ami  <>n<fr<if,-t'H. — The  same  remarks  on  American 
authors  apply,  with  some  modifications,  also  to  artists  and  engravers. 
As  long  as  drawings  and  engravings  can  be  had  in  Europe  (and  get 
protection  under  our  law)  for  less  than  the  same  class  of  work  can  be 
had  here,  foreign  artists  and  engravers  will  have  the  preference  over 
American  artists  and  engravers  among  publishers  and  others  requir- 
ing their  work. 

"The  American  book  manufacturer  does  not  now  have  the  same 
advantage  as  he  had  prior  to  1891,  because  before  the  international 
copyright  law  was  adopted  in  the  case  of  a  popular  English  book 
there  would  be  from  10  to  20  editions  of  same  issued  in  this  country, 
to  sell  at  from  10  cents  upward.  Each  one  of  these  editions  would 
require  a  separate  set  of  plates,  a  separate  lot  of  paper,  and  from  ten 
to  twenty  times  as  many  copies  of  the  book  would  be  issued  as  is  now 
done.  Some  books  published  under  this  law  which  have  had  a  sale 
of  10,000  copies  would  have  sold  under  the  old  law  to  the  extent  of 
200,000  and  over. 

"Statistics  will  no  doubt  show  that  there  are  fewer  books  published 
to-day  by  American  authors  in  proportion  to  the  increased  population 
than  were  issued  in  years  preceding  1891.  This  is  without  doubt  due 
to  the  adoption  of  this  law. 

"It  should  be  made  a  misdemeanor,  punishable  by  tine  or  imprison- 
ment, to  insert  a  copyright  notice  in  a  book  printed  from  plates  not 
of  American  manufacture  or  from  type  not  set  in  this  country. 

"Under  the  law  that  now  operates  the  only  person  deriving  anv 
benefit  is  the  English  author,  to  whom  70,000,000  people  are  compelled 
to  pay  tribute. 

"  If  this  law  continues  to  operate,  it  is  only  a  question  of  a  few  years 
when  book-publishing  interests  of  the  United  States  will  be  in  the 
hands  of  English  houses  and  the  American  public  will  be  compelled 
to  pay  what  they  choose  to  ask  for  their  books. 

"  For  reasons  above  stated  it  can  be  plainly  seen  that  the  person  who 
has  so  far  suffered  most  on  account  of  the  adoption  of  this  law  has  been 
the  American  workingman.  He  has  been  compelled  to  pay  higher 
prices  for  English  books  if  he  wanted  them.  He  has  lost  a  lot  of  work 
which  would  have  otherwise  been  his  had  the  law  not  been  adopted. 

"  It  is  the  custom  of  publishing  houses  importing  sheets  from  Eng- 
land to  tear  out  the  title-pages  on  which  are  stamped  the  words  'printed 
in  England. '  This  is  done  after  the  books  are  obtained  from  the  custom- 
house. New  title-pages  are  printed  to  take  the 'place  of  those  torn  out. 
Publishers  following  this  method  do  so  because  the}"  want  to  conceal 


78       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

the  source  of  the  books.  In  some  cases  they  are  known  to  insert  title- 
pages  bearing-  copyright  notice,  so  that  the  sheets  brought  from  England 
have  every  appearance  of  having  been  printed  here  and  published  under 
copyright.  This  should  be  made  a  misdemeanor. 

4 'In  a  great  many  cases  plates  of  books  are  made  in  England  and 
are  forwarded  to  this  countiy,  and  simultaneous  issue  of  the  books  in 
United  States  and  England  is  made  under  the  new  copyright  law. 
There  is  nothing  to  prevent  a  publisher  doing  this  and  having  to  all 
outside  appearances  a  valid  copj-right,  as  no  one  but  himself  knows 
the  source  of  the  plates.  In  securing  copyright  of  a  book  by  an 
English  author  the  American  publisher  should  be  compelled  to  make 
an  affidavit  that  plates  from  which  book  is  proposed  to  be  printed  are 
of  American  manufacture  and  that  same  have  not  been  imported. 
There  are  too  many  loopholes  of  this  kind  in  law  as  it  now  stands,  and 
if  it  is  not  repealed  it  ought  to  be  amended  in  such  a  manner  as  to  afford 
protection  intended  to  American  industries." 

6.  George  Itarrie  c§  /Son,  Philadelphia,  /'«.: 

"This  establishment  expresses  the  opinion  that  the  law  has  been 
beneficial  to  publishers  in  that,  being  freed  from  competition,  they 
obtain  much  larger  prices,  minus  what  ma}T  be  paid  authors  for  copy- 
right, but  that  as  '  publishers  are  prevented  reprinting  upon  each  other, 
therefore  labor  is  deprived  of  the  extra  work;'  that  the  law  is  'unques- 
tionably good  for  foreign  authors,  who  are  not  subject  to  any  United 
States  tax;'  that  'publishers  naturally  make  the  book-buying  public 
pay  for  the  author's  copyright  and  for  the  increased  profit  which 
the  publisher  is  enabled  to  command;'  that  'in  general  terms,  the 
price  of  foreign  books  on  which  United  States  copyright  has  been 
granted  has  been  increased  from  200  to 400  per  cent;'  that  'piracy,  as 
practiced  prior  to  the  enactment  of  the  law,  was  beneficial  to  labor,' 
but  '  not  so  beneficial  to  the  publisher  as  under  the  present  law,'  and 
that  'the  law  stimulates  the  casting  of  plates  to  be  exported.'  The 
opinion  is  expressed  that  the  law  would  be  bettered  by  modifying  the 
requirement  of  simultaneous  publication  in  Great  Britain  and  the 
United  States  of  works  copyrighted  in  both  countries  and  by  taxing 
the  copyrights  of  foreign  authors." 

7.  Henry  Carey  Baird  <&  Co.,  Philadelphia,  Pa.: 

"It  should  be  stated  that  the  international  features  of  the  existing 
copyright  law  have  but  little  effect,  except  in  the  case  of  the  novels 
and  tales  of  well-known  popular  authors,  very  few  other  books  in 
the  English  language  being  now  reprinted,  for  the  reason  that  the 
demand  is  limited;  that  several  leading  English  publishers  have 
branches  or  agencies  here,  and  that  all  are  ready  and  willing  to  sell, 
say,  250  copies,  and  'the  market'  at  as  high  a  rate  of  discount  as 
50  per  cent.  Then  law,  medical,  and  technical  books  of  American 
authorship  are  preferred  to  those  of  English  origin,  mechanical 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       79 

books  especially  of  English  authorship  being  particularly  unaccept- 
able where  American  ones  on  the  same  subjects  are  to  be  had.  As  a 
publisher  of  technical  books  I  may  state  that  I  have  not  reprinted  an 
English  book  in  25  years,  unless  it  be  the  reprint  of  some  older  book 
of  which  I  owned  the  stereotype  plates. 

"Then  during  the  35  years  that  the  Government  of  the  United 
States  has  kept  in  view  the  gold  standard  and  legislated  to  that  end 
the  book  business  of  this  country  has  experienced  at  least  25  years  of 
depression,  and  is  now  almost  complete!}-  demoralized.  The  retail 
bookseller  is  superseded  by  the  dealer  in  dry  goods,  pots,  pans, 
bicycles,  and  furniture,  a  man  quite  ignorant  of  bibliography.  Then, 
two  of  the  leading  publishers  of  miscellaneous  books  having  failed, 
the  day  when  the  writers  of  English  novels  will  secure  enormous  prices 
in  this  market  for  their  wares  has,  it  is  believed,  passed.  Thus  inter- 
national copyright  is  of  declining  importance  to  English  authors  and 
American  publishers. 

"And  now  I  §hall  attempt  briefly  to  answer  your  interrogatories: 

"International  copyright  has  probably  been  beneficial  to  large  pub- 
lishers of  novels,  where  they  have  not  paid  extravagant  prices  to 
foreign  authors,  such  prices  having  in  some  cases  resulted  in  great 
disaster.  It  has  hardly  been  of  disadvantage  to  book  manufacturers, 
because  before  July  1,  1891,  the  republication  of  cheap  novels  was 
almost  completely  'played  out'  by  overdoing  and  consequent  fierce 
competition. 

"International  copyright  has  hardly  affected  disadvantageously 
compositors,  bookbinders,  pressmen,  and  employees  generally,  but  25 
years  of  depression  in  the  book  business  brought  about  by  35  years  of 
the  seeking  of  the  gold  standard  have  produced  both  disaster  and 
demoralization  among  these  classes.  International  copyright  has 
hardly  done  them  any  good. 

"International  copyright  has  been  of  advantage  to  a  few  Americans 
and  to  more  foreign  authors  of  novels,  but  to  scarcely  any  who  had 
not  previously  acquired  considerable  reputation. 

"International  copyright  has  caused  the  public  to  pay  higher  prices 
for  the  novels  of  popular  authors. 

"International  copyright  has  advanced  the  prices  of  the  novels  of 
English  authors  of  reputation  from  -100  to  500  per  cent — say  from  25 
cents  in  paper  to  $1.25  or  $1.50  in  cloth. 

"The  reprinting  of  English. books  not  protected  by  law  is  no  more 
'piracy'  than  is  the  manufacture  and  use  of  processes,  tools,  and 
implements  no  longer  protected  by  patent.  A  pirate  is  a  violator  of 
some  law  or  laws  enacted  by  a  government  or  governments.  The 
republication  of  English  books  prior  to  the  enactment  of  the  present 
copyright  law  was  of  great  advantage  to  printers,  binders,  paper 
makers,  and  publishers  in  this  country.  But  every  hour  the  impor- 


80       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

tance  of  international  copyright  becomes  less  and  less,  as  it  almost 
entirely  affects  the  authors  and  publishers  of  novels. 

"So  far  as  my  knowledge  goes,  very  few  electrotype  plates  are 
imported  or  exported  by  American  publishers.  For  myself,  I  should 
not  dream  of  buying  a  set  of  English  electrotype  plates  of  a  book. 

"In  regard  to  the  operation  and  effect  of  the  international  copy- 
right law,  it  seems  to  me  that  I  have  covered  the  ground  sufficiently 
without  further  stating  it.  But  that  law  should  be  amended  so  fur  as 
regards  section  -i965,  Revised  Statutes  of  the  United  States,  which  is 
one  of  the  most  infamous  statutes  ever  enacted  by  a  civilized  govern- 
ment, during  the  latter  half  of  the  nineteenth  century,  and  with  its 
penalties  offers  a  bounty  to  villains  to  levy  blackmail  on  unsuspecting 
publishers  of  woodcuts,  engravings,  photographs,  or  chromos,  gen- 
erally of  little  or  no  value,  without  regard  to  the  injury  to  the  sup- 
posed owner  of  the  copyright.  This  section,  with  its  amendment  of 
March  2,  1895,  should  be  swept  from  the  statute  book  before  the 
adjournment  of  the  present  Congress  as  being  a  disgrace  to  our  civi- 
lization. The  measure  of  the  damages  which  a  man  recovers  at  law 
should  be  the  damage  which  he  has  suffered,  and  not  thousands  in 
damages  when  the  injury  suffered  may  not  amount  to  $5.  When  it  is 
considered  that  no  examination  whatever  is  made  by  the  copyright 
office  of  the  right  of  ownership  of  an  applicant  for  copyright,  and  he  is 
granted  by  the  United  States  Government  a  prima  facie  title,  this  law 
is  particularly  unjust,  and  it  would  seem  as  if  it  had  been  made  for 
the  benefit  of  scalawags  of  the  worst  kind.  The  sooner  it  is  taken  off 
the  statute  book  the  better,  and  no  honest  man  will  suffer  from  its 
removal." 

8.  Historical  Publishing  C'onijxini/*  Philadelphia,  l\i.: 

"  We  have  not  the  least  doubt  that  the  law  is  detrimental  and  with- 
out compensation  from  any  source.  If  it  has  any  effect,  it  is  as  a  det- 
riment to  the  business,  for  the  reason  that  its  influence  is  to  prevent 
the  republication  of  books  that  have  appeared  in  other  countries.  This 
restricts  to  a  very  limited  extent,  it  is  true,  the  publisher's  business, 
and  correspondingly  affects  the  allied  trades. 

"The  benefits  that  authors  derive  from  the  law  are  infinitesimal, 
and  can  scarcely  be  called  real,  if  a  very  few  exceptions  are  made. 
Writers  of  novels,  especially  of  the  least  valuable  kind,  may  obtain 
some  measurable  benefit  by  the  copyright  protection,  but  not  so 
authors  whose  works  are  of  substantial  merit,  for  the  reason  that  books 
of  the  latter  character  have  a  limited  sale — too  small,  indeed,  to  justify 
the  venture  of  a  republication. 

"The  book  buyer,  being  much  more  important  (in  number)  than  the 
book  publisher,  is  entitled  to  the  largest  consideration  consistent,  of 
course,  with  the  rules  of  justice.  In  no  possible  event  can  an  author, 
however  popular,  be  seriously  wronged  by  the  republication  of  his 


INTERNATIONAL    COPYRIGHT    LAW   IN   THE    UNITED    STATES.       81 

works  in  a  foreign  country.  If  he  is  appreciated  at  home,  his  reward 
should  be  reasonably  satisfactory.  A  distinction  should  be  made 
between  books  and  such  copyrightable  productions  as  dramas,  paint- 
ings, and  operas,  for  the  very  palpable  reason  that  the  clientele  is  alto- 
gether different.  The  opinions  which  we  here  express  apply  to  books 
only. 

"The  law  has  not  affected  the  price  of  books  in  the  slightest  way, 
nor  has  it  benefited  authors. 

"•  Piracy  is  practiced  to-day  as  much  as  ever  before,  for  every  pub- 
lisher is  familiar  with  the  decisions  of  courts  on  the  subject  of  infringe- 
ments of  copyright,  and  uniform  difficulties  experienced  in  maintaining 
suoh  suits.  The  effect  of  the  law,  as  before  stated,  is  so  small  as  to  be 
scarcely  distinguishable. 

"There  is  an  exchange  of  plates  between  American  and  European 
publishers  of  periodicals,  and  some  exchange  of  book  plates,  but  the 
international  copyright  law  has  small  influence  in  this  matter,  the 
exchange  being  made  to  save  first  cost  of  producing  the  plates. 

"In  our  opinion  an  international  copyright  law  is  impracticable, 
because  it  is  unwise.  It  is  enough  that  every  nation  protect  its  own 
authors,  for  the  reason,  first,  that  the  sales  of  books  of  a  republication 
in  a  foreign  country  are  never  large  enough  to  make  special  protection 
justifiable;  second,  an  author  invests  no  capital,  and  his  resources  there- 
fore require  no  protection;  third,  the  reading  masses  should  receive 
the  largest  consideration  consistent  with  justice,  and  all  channels  of 
knowledge  should  be  kept  open  to  the  public,  the  author  receiving  the 
benefit  of  copyright  in  his  own  country  only." 

9.  David  McKay,  Philadelphia,  Pa.  : 

"  The  international  copyright  law  has  been  of  great  value  to  the 
few  publishers  who  control  the  copyrights.  On  the  other  hand,  it  has 
been  hurtful  to  a  large  number  of  publishers  whose  business  it  is 
to  publish  books  on  which  there  is  no  copyright — the  first  helped 
because  they  have  a  monopoly;  the  second  hurt  because  that  monopoly 
prevents  their  making  those  books. 

"The  manufacturing  clause  protects  the  compositor.  The  binder 
of  the  better  grades  of  work  is  helped,  because  a  copyrighted  book  is 
generally  better  bound  than  the  noncopyright.  On  the  other  hand, 
the  quantity  of  cheaper  work  under  competition  without  a  copyright 
would  be  so  much  greater  that  the  binders,  pressmen,  and  employees 
generally  would  be  benefited. 

"Authors,  both  American  and  foreign,  have  been  benefited — the 
American  because  the  publisher  must  pay  for  his  material,  the  ques- 
tion of  getting  foreign  material  for  nothing  being  eliminated;  the 
foreign  because  he  now  receives  a  revenue  from  the  American 
market,  all  of  which  is  gain. 

"  The  book-purchasing  public  has  been  compelled  to  pay  a  higher 
S.  Doc.  87 6 


82       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

price  for  the  works  of  foreign  authors.  The  international  copyright 
law  has  increased  the  price  of  English  books  published  in  this  country 
from  100  to  150  per  cent  for  books  of  the  same  quality. 

"  What  is  commonly  termed  '  piracy'  has  undoubtedly  been  of  great 
benefit  to  the  reading  public,  printers,  binders,  and  publishers,  except 
such  publishers  as  were  charging  copyright  prices  for  books  on  which 
there  was  no  copyright  (in  my  opinion  the}'  being  the  pirates). 

"American  and  English  publishers  frequently  exchange  plates. 
My  opinion  is  that  the  only  actual  good  to  be  derived  from  the  inter- 
national cop}' right  law  is  that  the  American  author,  being  on  an  equal 
footing  with  the  P^nglish,  is  more  likely  to  be  given  a  hearing,  and,  if 
successful,  reap  a  profit  from  his  work.  For  instance,  had  The  Vjr- 
gim'ans,  by  Thackeray,  and  Richard  Carvel,  by  Churchill,  been  put  on 
the  market  at  the  same  time,  Thackeray,  without  copyright,  selling  at 
25  to  50  cents,  would  Richard  Carvel,  with  copyright,  sell  as  well  at 
$1.35?  I  think  not. 

*' While  the  large  publishers  could  sell  Thackeray  at  a  copyright 
price  without  paying  copyright  there  was  no  complaint,  but  when 
so-called  piracy  became  popular  the  large  publishers  became  very  anx- 
ious that  the  authors'  rights  be  protected. 

"'I  can  think  of  no  amendment  that  would  help  the  international 
copyright  law.  Excepting  the  probable  advantage  of  protecting  and 
encouraging  our  own  literature,  I  would  be  in  favor  of  its  repeal. 
The  reading  public  and  book  manufacturers  would  certainly  be  bene- 
fited by  so  doing.  Our  moral  right  to  appropriate  the  work  of  a  for- 
eign author  without  remuneration  is  another  question." 

10.  A.  L.  Burt,  New  York,  N.  Y.  : 

"'Replying  to  your  inquiry  in  regard  to  international  copyright 
law,  would  state  that  I  consider  that  it  has  been  detrimental  to  pub- 
lishers and  manufacturers,  for  the  reason  that  it  keeps  works  by  for- 
eign authors  out  of  the  hands  of  the  masses  on  account  of  prohibitive 
prices. 

•'  If  it  were  not  for  the  copyright  law,  it  certainly  would  follow  that 
there  would  be  American  editions  of  the  same  works,  which  would 
mean  inestimable  work  for  compositors,  bookbinders,  printers  or  press- 
men, and  all  employees  generally  interested  in  these  several  branches 
of  manufacture. 

"As  to  authors,  I  don't  consider  that  I  am  in  a  position  to  say  posi- 
tively one  way  or  another,  but  it  don't  seem  to  me  that  it  is  of  any 
material  benefit  to  them.  As  for  the  general  reading  public,  I  can 
safely  sa}7  that  it  is  of  no  benefit ;  in  fact,  directly  opposite.  It  has, 
without  question,  greatly  increased  the  selling  price,  which  means  that 
the  popular  classes  are  restricted.  Just  what  per  cent  it  has  increased 
is  rather  hard  to  answer,  on  account  of  the  different  list  of  prices  which 
different  publishers  put  on  their  publications.  I  think  it  would  be 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       83 

safe  to  say  that  it  has  increased  the  works  of  foreign  authors  nearly 
100  per  cent  in  the  general  run. 

"  The  reprinting  of  foreign  editions  as  practiced  prior  to  the  enact- 
ment of  the  present  law  certainly  was  most  beneficial  to  the  many 
branches  of  manufacture,  because  it  furnished  the  employees  in  these 
different  branches  with  a  great  deal  of  additional  work,  which  on 
account  of  the  law  has  been  withdrawn  from  them. 

"It  is  not  to  my  knowledge  customary  for  American  and  European 
publishers  to  exchange  plates;  I  believe  that  the  duty  prevents  much  of 
this  being  done. 

"From  the  information  given  above,  the  effect  of  the  international 
copyright  law  will  very  readily  be  seen." 

11.    C(inJ> i' !<!</<•  Enrijdapedia  Company,  New  York,  N.  Y.: 

"  I.  We  believe  that  the  so-called  'international  copyright  law'  has 
boon  detrimental  to  publishers  generally  in  its  tendency  to  throw  the 
profits  of  the  business  into  the  hands  of  pulp  manufacturers,  paper 
makers,  manufacturers  of  bookbinders'  materials,  and  the  patentees  of 
printing  and  'compositing'  or  typesetting  machines,  many  of  whom, 
more  especially  the  latter,  are  foreigners  and  live  in  foreign  countries 
under  the  protection  of  our  patent  laws.  We  also  believe  that  the 
copyright  law  compels  our  libraries  and  students  to  buy  their  best 
and  most  expensive  books  abroad,  for  the  reason  that  under  the  law 
such  books  can  not  (practically)  be  published  in  the  United  States. 

"II.  In  its  effort  to  protect  the  American  publisher  and  workman 
the  copyright  law  has  only  helped  the  foreign  publisher  and  workman. 
The  foreign  typesetting  machine  is  superseding  the  American  com- 
positor, and  the  art  of  printing  is  being  forgotten. 

"•III.  But  the  most  mischievous  effects  of  this  copyright  law  relate 
to  American  authors  and  the  character  and  quality  of  their  work. 
Many  kinds  of  literary  study  can  not  be  advantageously  pursued  in 
the  United  States  for  lack  of  great  libraries  and  archaeological  collec- 
tions] like  those  of  London,  Paris,  Berlin,  Rome,  etc.  The  study  of 
history,  religion,  mythology,  political  economy,  law,  and  many  other 
of  the  most  important  branches  of  knowledge  can  not  be  pursued 
beyond  the  surface  unless*  the  student  lives  in  Europe.  This  practi- 
cally means  that  he  must  publish  in  Europe  (as,  in  fact,  some  of  them 
do),  for  few  students  can  afford  to  live  on  one  side  of  the  ocean  and 
publish  on  the  other,  because  publishing  involves  revision,  correction, 
proofreading,  etc. ,  and  these  labors  need  the  presence  of  the  author. 

"The  result  has  been  that  since  the  passage  of  the  'international 
copyright  law'  American  authors  have  produced  in  America  but  few 
historical  works  of  a  superior  or  even  of  an  'up-to-date'  class.  The 
protective  features  of  this  law  substantially  condemn  the  American 
public  to  read  history  as  written  by  foreigners  and  faddists.  Our  his- 
torical works  are  far  behind  the  age,  just  as  our  works  of  art  would 


84       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

be  if  we  compelled  our  painters  and  sculptors  to  study  and  produce 
their  works  in  America. 

"IV.  If  it  be  true  that  the  American  book-purchasing  public  gen- 
erally get  their  books  cheaper  (in  consequence  of  the  facility  which 
the  law  affords  to  piracy),  nevertheless  they  fail  to  get  modern  books 
written  by  Americans,  they  fail  to  get  books  imbued  with  American 
genius.  But  few  such  books  are  written  at  all,  and  these  few  go  to 
the  rich,  because  they  have  to  be  written  in  the  great  libraries  of 
Europe  and  published  in  Europe,  and  thus  are  costly.  The  histor- 
ical, sociological,  and  politico-economical  works  within  reach  of  the 
multitude  are  foreign  and  un-American;  they  are  stamped  with  medi- 
eval and  renascent  theory,  as  modified  by  European  national  prejudice 
and  egotism.  The  sun  of  modern  science  never  shone  upon  them;  the 
air  of  liberty  never  purified  them;  they  are  of  Europe,  European;  and 
such  will  they  ever  remain  until  this  meddlesome  and  pernicious  law 
is  repealed." 

12.  Jolt, i  /<  <)I1r<><[ge,  New  Yirrk,  N.  Y: 

"In  my  opinion  the  international  copyright  law  has  been  detrimental. 
An  American  publisher  could  formerly  publish  any  of  the  foreign  books 
without  paying  the  author  or  publisher  any  royalty.  This  was  an 
incentive  to  publishers  to  make  books,  and  provided  more  labor  to  the 
unemployed  than  at  present. 

k '  The  publisher,  being  now  curtailed  in  his  selections  of  works  to 
publish,  necessarily  employs  fewer  compositors,  binders,  pressmen,  etc. 

"An  American  author  under  the  old  law  could  always  copyright  his 
work  in  America.  This  country  is  the  author's  great  field.  Foreigners 
are  not  so  apt  to  go  to  the  expense  of  making  plates  and  publishing  the 
edition  abroad  as  the  Americans  are  at  home.  The  copyright  law,  as  I 
look  at  it,  has  benefited  the  foreign  author  to  a  very  large  extent,  but 
has  not  benefited  the  American  author  to  any  perceptible  degree. 

"The  American  publisher,  now  having  to  pay  fhe  author  for  the 
manuscript,  must  necessarily  charge  the  purchasing  public  an  increased 
price  for  the  publication.  Since  the  new  law  went  into  effect  in  1891, 
there  has  been  an  advance  of  at  least  25  per  cent  in  the  cost  of  books 
to  the  public. 

"  Under  the  law  prior  to  1891  the  publisher  was  at  liberty  to  pub- 
lish whatsoever  he  chose  of  foreign  matter.  This  was  an  encourage- 
ment to  the  publisher  to  print  foreign  works,  and  of  course  made  labor 
for  the  unemployed. 

"I  do  not  think  American  and  European  publishers  exchange  plates, 
but  European  publishers  sell  to  the  American  publisher  duplicate  sets 
of  their  plates,  at  the  cost  of  about  25  per  cent  of  what  it  would  cost 
to  produce  the  same  here  in  America  with  American  labor. 

"  In  my  opinion  the  copyright  law  has  very  many  defects.  It  should 
be  amended  so  as  to  definitely  fix  as  to  simultaneous  publication;  it 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       85 

should  also  state  and  fix  the  time  between  filing  of  copyright  and  pub- 
lication of  work.  The  courts  have  held  that  two  years  is  a  reasonable 
time.  This  is  too  long.  A  foreign  publisher  can  get  a  work  out  in 
London,  copyright  it  there  and  in  America,  send  sheets  over  here  to 
be  bound  up,  sell  the  work  for  a  year  or  two  until  he  has.  exhausted 
the  demand. 

"Another  evil  is  :  A  publisher  here  will  purchase  a  set  of  plates  from 
a  foreign  publisher  and  import  them  as  old  metal,  paying  a  very  small 
duty.  The  plates  are  worth  to  the  American  publisher  just  what  they 
would  cost  to  be  made  here.  He  puts  them  to  press  and  issues  edition 
after  edition.  He  saves  three-quarters  of  the  cost  of  making  the  plates 
after  paying  the  foreign  publisher  his  price  and  the  Government  its 
tax.  This  should  be  remedied  in  the  custom-house  here.  The  law  as 
it  stands  is  all  right.  The  trouble  is  in  the  appraisement  as  to  value. 
If  the  publisher  had  to  pay  full  duty,  it  would  not  pay  him  to  import 
the  plates.  A  ratio  of  value  on  plates  could  be  made  by  an  intelligent 
appraiser — one  who  could  fix  the  value  of  an  ordinary  novel  or  a  set 
of  standard  works,  etc." 

13.   Street  &  Smith,  Nwv  York,  N.  Y. : 

"The  international  copyright  law  has  been  general!}'  detrimental  to 
publishers;  e.  g.,  when  She,  by  Rider  Haggard,  was  written  and  pub 
lished  some  years  ago,  before  international  copyright,  there  were  no 
less  than  22  American  editions  of  the  book.  The  resulting  competi- 
tion between  the  publishers  of  these  editions  increased  the  sale  enor- 
mously beyond  what  a  single  edition  would  have  realized.  Result,  a 
gain  to  the  publishers  through  absence  of  American  copyright. 

''It  must  be  self-evident  that  the  multiplication  of  separate  editions 
involving  the  making  of  new  plates  must  aid  our  compositors;  the 
greater  sales  resulting  from  competing  editions  will  in  like  manner  aid 
bookbinders,  pressmen,  and  employees  of  the  printing  craft.  Inter- 
national copyright  is  directly  opposed  to  these  benefits. 

u  Internationa]  copyright  results  in  a  gain  to  the  foreign  author  in 
that  if  he  chooses  to  avail  himself  of  the  law  he  secures  the  American 
rights  for  his  brain  children  in  competition  with  the  native  author, 
whereas  formerly  he  had  nothing. 

'"International  cop}Tright  works  a  great  loss  to  the  book-purchasing 
public.  Our  firm,  for  example,  is  putting  out  unabridged  editions  of 
the  chief  works  of  foreign  authorship,  where  no  American  copyright 
exists,  at  10  cents  retail.  These  are  paper  editions,  from  new  plates 
principally  on  a  good  quality  of  paper.  The  average  price  of  the 
saiW  works  under  international  copyright  would  be  not  less  than 
$1.50 — 15  times  as  great. 

"We  claim  that  the  international  copy  right  law  increases  the  selling 
pride  of  books  1400  per  cent;  e.  g.,  we  have  issued  unabridged  editions 
of  all  the  uncopyrighted  books  of  Henry  Seton  Merriman  at  10  cents 


86       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

retail.  The  works  of  the  same  author  issued  under  international 
copyright  are  sold  at  a  list  price  of  not  less  than  $1.50. 

"This  question,  'Was  piracy  as  practiced  prior  to  the  enactment  of 
the  present  law  beneficial  to  printers  or  to  publishers?'  must  be 
answered  in  the  affirmative  as  to  both  printers  and  publishers.  Mil- 
lions of  books  were  published  then  in  cheap  form  as  against  thousands 
now,  with  a  resulting  gain  to  printers  and  publishers  alike. 

"We  do  not  believe  that  plates  are  exchanged  to  any  extent  between 
American  and  European  publishers. 

"The  effect  of  international  copyright  in  practice  is  distinctly  dis- 
couraging to  American  authorship,  bad  for  American  publishers  (with 
the  exception  noted  below),  a  great  loss  to  the  printing  and  allied 
trades,  and  to  the  great  reading  public.  International  copyright  is 
beneficial  to  three  classes  only,  the  foreign  author,  who  gets  valuable 
rights  where  formerly  he  enjoyed  none;  the  foreign  publishers,  who  tire 
establishing  American  branches  at  an  alarming  rate  to  take  advantage 
of  the  international  copyright  law;  and  a  few  American  publishers 
who  have  an  English  trade  and  make  up  there  in  increased  busi- 
ness what  they  lose  in  America  through  foreign  competition.  The 
Harpers  and  Scribners,  who  have  large  sales  for  their  respective  maga- 
zines in  England,  are  examples  of  this  class  of  American  publishers. 
The  international  copyright  law  should  not  be  amended  or  changed,  it 
should  be  abolished  as  a  business  proposition  for  Americans.  We  have 
nothing  to  say  as  to  the  ethics  of  the  case/' 

14-.   The  Tucker  Publishing  Company,  New  Yvrk,  N.  Y.  : 

"In  my  opinion  it  is  impossible  for  any  one,  however  familiar  with 
the  book  trade  he  may  be,  to  estimate  even  approximately  the  effect 
of  the  international  copyright  law  on  the  prosperity  of  authors,  pub- 
lishers, printers,  and  book  manufacturers  generally.  So  many  influ- 
ences are  constantly  at  work  to  stimulate  or  depress  the  book  market 
that  one  can  not  distinguish  and  isolate  the  particular  effects  that 
result  from  copyright  legislation.  Speaking  for  myself,  I  simply  say, 
on  a  priori  ground  and  as  a  result  also  of  general  observation,  that  all 
copyright  legislation  is  a  curse  to  literature  and  detrimental  to  the 
highest  interests  both  of  authors  and  their  public,  though  it  undoubt- 
edly fills  the  pockets  of  those  authors  (and  their  publishers)  who  suc- 
ceed in  gauging  most  accurately  the  popular  taste  and  in  conforming' 
most  closely  to  it. 

"  The  object  of  copyright  legislation  is  to  secure  to  a  certain  class  of 
workers  exemption  from  competition  and  thereby  enable  them  to  reap 
an  undue  reward  for  their  labor.  This  reward  goes  mainly  to  those 
who  are  willing  to  bid  for  it  at  the  sacrifice  of  their  ideals,  and  there 
is  a  corresponding  tendency  to  deprive  of  reward  authors  who  refuse 
to  prostitute  themselves.  Such  a  tendency,  by  tempting  authors  from 


INTERNATIONAL    COPYRIGHT   LAW    IN    THE    UNITED    STATES.       87 

the  path  of  honesty  and  the  heights  of  art,  is  bound  to  be  degrading  in 
its  results.  The  effect  of  legal  monopoly  in  literature,  as  in  every  other 
field  of  human  activity,  is  to  create  a  trust  that  stands  in  the  way  of 
growth  and  progress." 

15.  William  Wood  &  Co.  (medical  publishers),  New  York,  N.  Y.  : 

"In  regard  to  our  observation  we  believe,  except  to  a  few  prom- 
inent American  publishing  houses,  it  has  been  of  very  little  advan- 
tage. To  those  English  publishers  having  branches,  principally  in 
this  city,  it  has  been  of  very  material  advantage.  It  has  enabled  these 
to  control  the  market  for  their  reprints  of  English  publications.  A 
few  prominent  English  publishers  have  been  the  ones  chiefly  to  take 
advantage  of  the  law,  as  they  are  in  a  position  to  most  readily  comply 
with  its  provisions. 

"We  believe  it  has  been  a  disadvantage  to  compositors,  bookbind- 
ers, pressmen,  and  employees  generally. 

"The  advantages  of  the  law  have  been  almost  wholly  on  the  side  of 
foreign  authors.  The  works  of  comparatively  few  American  authors 
are  republished  abroad  under  the  law. 

"We  believe  that  the  consumption  of  foreign  books,  copyrighted 
in  America,  has  been  greatly  restricted  by  the  law. 

"The  selling  price  of  books  to  the  public  has  been  greatly  increased  - 
from  25  to  50  per  cent. 

"For  reasons  which  we  believe  to  be  good,  we  consider  the  word 
'  piracy '  does  not  give  a  correct  understanding  of  the  acts  to  which  it 
refers.  Such  reprinting  was  always  beneficial  to  the  laboring  class — 
not  always  to  the  publishers. 

"American  and  English  publishers  do  occasionally  sell  such  plates 
to  each  other,  but  the  practice  is  not  very  common. 

"Observation  has  not  given  us  sufficient  data  upon  which  to  suggest 
any  changes  in  the  law. 

"From  our  personal  experience  our  publications  are  limited  to 
medical  books;  the  sale  of  such  works  is  so  limited  that  it  is  extremely 
rare  that  the  protections  of  the  'international  copyright  law'  has  been 
availed  of  either  in  America  or  England.  We  very  much  doubt  if  a 
score  of  English  medical  books  have  been  copyrighted  in  this  country 
since  the  law  went  into  effect,  or  half  that  number  of  American  medi- 
cal books  have  been  copyrighted  in  England.  American,  scientific 
authors  are  so  little  appreciated  in  England  that  the  sale  of  a  few 
hundred  copies  is  quite  adequate  for  their  market,  and  it  would  not 
pay  to  reprint  the  books  there  for  so  small  a  number. 

"  With  now  and  then  an  exception — such  as  Gray's  Anatomy — med- 
ical works  of  English  authors  have  but  a  limited  sale  in  the  United 
States,  and  even  when,  with  rare  exceptions,  a  book  of  this  class  is 
found  to  prove  unexpectedly  popular,  the  cost  of  manufacturing  such 


88       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES, 

books  is  so  great  as  to  deter  one  publisher  from  reprinting  on  another, 
with  it  absolutely  understood  that  the  first  party  would  reduce  his 
price  so  as  to  make  any  competition  ruinous.  Excepting,  then,  the 
branches  of  the  English  publishers  we  have  referred  to,  and  a  few 
publishers  of  fiction  and  works  of  a  popular  character,  we  believe  that 
American  publishers,  and  all  the  various  mechanics  employed  in  the 
manufacture  of  books,  have  derived  no  benefit  whatever  from  the 
present  'international  copyright  law.'" 


APPENDIX. 

THE  COPYRIGHT  LAW  OF  THE  UNITED  STATES. 

[Such  portions  of  the  present  law  as  were  in  force  up  to  July  1,  1891,  are  printed  in  long  primer  type 
the  amendments  and  additions  made  by  the  act  of  March  3,  1891,  and  by  subsequent  acts  are  printed 
in  italics,  and  the  omissions  are  indicated  by  brackets  and  footnotes.] 

CONSTITUTION,   1787. 

ART.  1,  SEC.  8.  The  Congress  shall  have  power : To  pro- 
mote the   progress   of    science   and  useful  arts,    BY   SECURING   FOR 

LIMITED   TIMES   TO    AUTHORS    and   inventors   THE   EXCLUSIVE    RIGHT   TO 

THEIR  respective  WRITINGS  and  discoveries. 

ACTS  OF  CONGBESS. 

REVISED  STATUTES,  SECTION  4948.  All  records  and  other  or£spyright  rec" 
things  relating  to  copyrights  and  required  by  law  to  be 
preserved,  shall  be  under  the  control  of  the  Librarian  of 
Congress,   and   kept  and   preserved   in  the  Library   of 
Congress.     [ l] 

[The  Appropriation  Act  approved  February  19,  189Y,  <,**$$** 
provides  for  the  appointment  of  a  "Register  of  "Copyrights, 
who  shall,  on  and  after  July  first,  eighteen  hundred  and 
ninety -seven,  under  the  direction  and  supervision  of  the 
Librarian  of  Congress,  perform  all  the  duties  relating  to 
copyrights,  and  shall  make  weekly  deposits  with  the  Secre- 
tary of  the  Treasury,  and  make  monthly  report*  to  the 
Secretary  of  the  Treasury  and  to  the  Librarian  of  Congress, 
and  shall,  on  and  after  July  first,  eighteen  hundred  and 
ninety-set'< -n.  <//re  bond  to  trie  Librarian  of  Congress,  in 
the  sum  of  twenty  thousand  dollars,  with  approved  sureties, 
for  the  faithful  discharge  of  his  duties."] 

SEC.  4(.»49.  The  seal  provided  for  the  office  of  the  Libra-    seal    of    the 
rian  of  Congress  shall  be  the  seal  thereof,  and  by  it  ancopynght 
records  and  papers  issued  from  the  office,  and  to  be  used 
in  evidence  shall  be  authenticated.2 


1  The  words  omitted  are:  "and  the  Librarian  of  Congress  shall  have  the  immediate 
care  and  supervision  thereof,  and,  under  the  supervision  of  the  Joint  Committee  of 
Congress  on  the  Library,  shall  .perform  all  acts  and  duties  required  by  law  touching 
copyrights. ' '  These  acts  and  duties  were  transferred  to  the  "  Eegister  of  Copyrights ' ' 
by  act  approved  February  19,  1897,  which  immediately  follows  section  4948  above. 

2 See  act  of  July  8,  1870,  section  85:  "The  Librarian  shall  cause  a  seal  to  be  pro- 
vided for  said  office,  with  such  device  as  the  Joint  Committee  on  the  Library  may 
approve,  with  which  all  records  or  papers  issued  from  said  office  and  to  be  used  in 
evidence,  shall  be  authenticated." — Statutes  at  Large,  vol.  16,  p.  212. 


90       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

riftTofc°on"rberst.  SEC.  4950.  [..  __']  The  Appropriation  Act  approved 
February  19,  1897,  provides:  "  The  Libra  i'nm  of  ('»,,(/,  ',-xs 
shall  on  and  after  July  first,  eighteen  //////<Y/vW  u/x/  n'nntij- 
seven,  give  bond,  payable  to  the  United  Stat<^,  in  tin-  «ui,i, 
of  twenty  tJiousand  dollars,  with  sureties  approved  by  the 
Secretary  of  the  Treasury  ,  for  the  faithful  avschargt  <>f  'hi* 
duties  according  to  law.''"' 

toAlcongr^p°of     SEC-  4951.  The  Librarian  of  Congress  shall   make   an 


pubii-  annual  report  to  Congress  of  the  number  and  description 
of  copyright  publications  for  which  entries  have  been  made 
during  the  year. 

SEC-    4952,    as    amended    by   act   of    March   3,    LS'.'l. 

»  g         .-  o  rrn        ~l  j_l  «  i         •  • 

shall  have  sole  [  "  .  _______      IncJ  author,  inventor,  designer,  or  proprietor 

Ingalid  veiuUng"  of  any  book,  map,  chart,  dramatic  or  musical  composition, 

engraving,  cut,  print,  or  photograph  or  negative  thereof, 

or  of  a  painting,  drawing,  chromo,  statue,  statuary,  and 

of  models  or  designs  intended  to  be  perfected  as  works 

of   the   tine   arts,    and   the  executors,  administrators,  or 

assigns  of  any  such  person  shall,  upon  complying  with  the 

provisions  of  this  chapter,  have  the  sole  liberty  of  print- 

ing, reprinting,  publishing,  completing,  copying,  execut- 

ing, finishing,  and  vending  the  same;  and,  in  the  case  of  a 

dramatic  composition,  of  publicly  performing  or  repre- 

senting it,  or  causing  it  to  be  performed  or  represented 

Authors  shall  by  others.     And  authors  or  their  dsxign*  x/mU  li<ir<-  i-.t-clu- 

right  to^dranra^  sive  right  to  dramatize  or  translate  any  of  their  works,  for 

me  or  translate.  w^c^  copyright  shall  have  been  obtained  under  the  laf*  of 

the  United  States.     [  ________  3  ]. 

^Definition    of     fn  the  construction  of  this  act  the  word*  "engraving," 

••cuf/'aviand  "  <?w£,"  and  "print"  shall  be  applied  only  to  pictorial 

"print."  illustrations  or  works  connected  with  the  fine  artx,  and  no 

prints  or  label*  designed  to  be  used  for  any  other  articles  of 

manufacture  shall  be  entered  under  the  copyright  law,  but 

Labels.  may  be  registered  in  the  Patent   Office.     And  the  Commis- 

sioner  of  Patents  is  hereby  charged  with  tlu  xuo,  n'!xio/<  and 

control  of  the  entry  or  registry  of  such  prints  or  labels,  in 

conformity  with  the  regulations  provided  by  law  as  to  copy- 

right of  prints,  except  that  there  slaill  be  paid  for  record- 

ing tlie  title  of  any  print  or  label,  not  a  trade-marl1,  six 

dollars,  which  shall  cover  the  expense  of  '  furnish  !ng  a  <-<>j>i/ 

of  the  record,  under  the  seal  of  the  C<>inmixx!<>n<'r  of  Pat- 

ents, to  the  party  entering  the  same.     [  ________  *  ]. 

copyright     SEC.  4953.  Copyrights  shall  be  granted  for  the  term  of 

term  28  years.  .     ,  ^J       £•>  .      & 

twenty-eight  years  from  the  time  of  recording  the  title 
thereof,  in  the  manner  hereinafter  directed. 

1  Section  4950,  replaced  by  the  above  paragraph  from  the  appropriation  act  of 
February  19,  1897,  reads  as  follows:  "  The  Librarian  of  Congress  shall  give  a  bond, 
with  sureties,  to  the  Treasurer  of  the  United  States,  in  the  sum  of  five  thousand  dol- 
lars, with  the  condition  that  he  will  render  to  the  proper  officers  of  the  Treasury  a 
true  account  of  .all  moneys  received  by  virtue  of  his  office." 

2  The  words  of  the  original  law  omitted  are:  "Any  citizen  of  the  United  States  or 
resident  therein,  who  shall  be." 

3  The  words  in  italics  are  substituted  for  '  'And  authors  may  reserve  the  right  to 
dramatize  or  translate  their  own  works." 

*  This  paragraph  is  section  3  of  the  act  approved  June  18,  1874.     (43d  Congress, 
1st  session,  chap.  301:  18  Statutes  at  Large,  pp.  78-79.) 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       91 


SEC.  4954,  as  amended  by  act  of  March  3,  1891.  The 
author,  inventor,  or  designer,  if  he  be  still  living-,  [  ------  *],  14  years. 

or  his  widow  or  children,  if  he  be  dead,  shall  have  the 
same  exclusiv  right  continued  for  the  further  term  of 
fourteen  years,  upon  recording  the  title  of  the  work  or 
description  of  the  article  so  secured  a  second  time,  and 
complying  with  all  other  regulations  in  regard  to  original 
copyrights,  within  six  months  before  the  expiration  of  the 

.,   r?    .°  «       i  i  i     n     _  ?.i_i_'       j.  ii_        Publication  of 

first  term.     And  such  person  shall,  within  two   months  renewal. 
from  the  date  of  said  renewal,  cause  a  copy  of  the  record 
thereof  to  be  published  in  one  or  more  newspapers,  printed 
in  the  United  States,  for  the  space  of  four  weeks. 

SEC.  4955.  Copyrights  shall  be  assignable  in  law  by  any  coAfrf  ^"i.0"1  OI 
instrument    of    writing,  and   such   assignment  shall    bec° 
recorded  in  the  office  of  the  Librarian  of  Congress  within 
sixty  days  after  its  execution;  in  default  of  which  it  shall 
be  void  as  against  any  subsequent  purchaser  or  mortgagee 
for  a  valuable  consideration,  without  notice. 

SEC.  4956,  as  amended  by  act  of  March  3,  1891.  No  ^Pgg^gJ^1* 
person  shall  be  entitled  to  a  copyright  unless  he  shall,  on 
or  before  the  day  of  publication,  in  this  or  any  foreign 
country,  deliver  at  the  office  of  the  Librarian  of  Congress, 
or  deposit  in  the  mail  within  the  United  /States,  addressed 
to  the  Librarian  of  Congress,  at  Washington,  District  of 
Columbia,  a  printed  copy  of  the  title  of  the  book,  map, 
chart,  dramatic  or  musical  composition,  engraving,  cut, 
print,  photograph,  or  chromo,  or  a  description  of  the 
painting,  drawing,  statue,  statuary,  or  a  model  or  design, 
for  a  work  of  the  fine  arts,  for  which  he  desires  a  copyright; 
nor  unless  he  shall  also,  notl<it<  /•  t/m/i  f/i<>  day  qftnepubli-  Deposit  of  two 
cation  thereof,  in  thisor  any  foreign  country,  deliver  at  the  copies' 
office  of  the  Librarian  of  Congress,  at  Washington,  District 
of  Co'tinihin.  or  deposit  in  the  mail,  within  the  Unitnl 
States,  addressed  to  the  Librarian  of  Congress,  at  Wash- 
ington, District  of  Columbia,  two  copies  of  such  copyright 
book,  map,  chart,  dramatic  or  /  '/nix  !<•<!/  composition,  eng  /•<»'- 
ing,  chromo,  cut,  print,  or  photograph,  or  in  case  of  a 
painting,  drawing,  statue,  statuary,  model,  or  design  for 
a  work  of  the  fine  arts  a  photograph  of  the  same:  Pro-  .  Print(;d  //"P1 

.    7       7        mj        ,        •  ,7  /•  7  7&  7        ,  77  ^"P6     S6t     WithlH 

mded,  2  hat  ^n  the  case  of  a  l>ook.  photograph,  chromo,  or  the      united 

lithograph,  th  -t  'two  copies  of  'the  same  required  to  he  d#liveredsi&ies' 

or  deposited  as  above  shall  be  printed  from  type  set  witJiin 

t/i<<  I!  nt  its  of  the  United  States,  or  from  plates  made  there- 

from, w*  from  negatives,  or  dron'ings  on  stone  made  within 

the  limits  of  the   United  States,  or  from  transfers  made 

therefrom.     During  the  existence  of  such  copyright   the  infpo^aUon"  °f 

importation  into  the    f  nited  States  of  any  hook,  chromo, 

lithograph,  or  photograph,  so  copyrighted,  or  any  edition 

or  editions  thereof,  or  any  plates  of  the  same  not  made  from 

tyjpe  set,  negatives,  or  drawings  on  stone  made  within  the. 

I  in  i  its  of  the  United  States,  shall  be,  and  is  hereby  prohih- 

JThe  words  omitted  are:  "and  a  citizen  of  the  United  States  or  resident  therein." 


92       INTERNATIONAL    COPYRIGHT    LAW   IN    THE    UNITED    STATES. 

prohibition118  $  ''fed,  exc&pt  in  the  cases  specified  in  paragraphs  512  to  516 ', 

importation.       inclusive,  in  section  two  of  the  act  entitled,  An  act  to  reduce 

th"  revenue  and  equalize  the  duties  on  imports,  andforoth&t' 

purposes,  approved  October  1,  1890;  1  and  except  in  the  case 

<>f  gefrsons  pur  chasing  for  use  and  not  for  sale,  who  import 

Kiihject  to  the  duty  thereon,  not  more  than  two  copies  of  such 

an^^aagwtaes^*^  a^  any  one  time;  and,  except  in  the  case  of  newspa- 

miiy  be  import- yv,^  and  magazines,   not  containing  in  whole  or  in  part 

matter  copyrighted  under  the  provisions  of  this  act,  unau- 

t/i<>rized  by  the  author,  which  are  liereby  exempted  from  pro- 

//  !  bit  ion  of  importation.: 

eign  "languages"      Provided,  nevertheless,  That  in  the  case  of  hooks  in  foi^- 
pf  which   oniy^Vm  languages ,  of  which  only  translation*  in  English  are 

translations   are      •'         .    £      -, y    ,\   J          7  -7  •  ,  •      y      /•    •  ,    .•  ,     ,,  ^ 

cop\ -righted,  copyrighted,   the  profl^o^t^on  of   importation  shall  apply 

may  b?  import-  O)t]y  j.Q  ^  translation  of  the  same,  and  the  importation  of 

tin*    hooks  in   the   original   language  shall  he  permitted. 

SEC.  4957.  The  Librarian  of  Congress  shall  record  the 
name  of  such  copyright  book,  or  other  article,  forthwith 
in  a  book  to  be  kept  for  that  purpose,  in  the  words  follow- 
Entryof  <>opv- ing:  "  Library  of  Congress,  to  wit:  Be  it  remembered  that 
on  the  "day  of  A.  B.,  of  hath 

deposited  in  this  office  the  title  of  a  book  (map,  chart,  or 
otherwise,  as  the  case  may  be,  or  description  of  the  article), 
the  title  or  description  of  which  is  in  the  following  words, 
to  wit:  (here  insert  the  title  or  description)  the  right 
whereof  he  claims  as  author  (originator,  or  proprietor,  as 

1  The  paragraphs  cited  above  are  from  the  list  of  articles  allowed  to  be  imported 
free  of  duty,  and  are  as  follows: 

512.  Books,    engravings,  photographs,    bound  or  unbound  etchings,    maps  and 
charts,  which  shall  have  been  printed  and  bound  or  manufactured  more  than  twenty 
years  at  the  date  of  importation. 

513.  Books  and  pamphlets  printed  exclusively  in  languages  other  than  English ; 
also  books  and  music,  in  raised  print,  used  exclusively  by  the  blind. 

514.  Books,   engravings,   photographs,   etchings,    bound   or  unbound,  maps  and 
charts  imported  by  authority  or  for  the  use  of  the  United  States  or  for  the  use  of  the 
Library  of  Congress. 

515.  Books,  maps,  lithographic  prints,  and  charts,  specially  imported,  not  more 
than  two  copies  in  any  one  invoice,  in  good  faith,  for  the  use  of  any  society  incor- 
porated or  established  for  educational,  philosophical,  literary,  or  religious  purposes, 
or  for  the  encouragement  of  the  fine  arts,  or  for  the  use  or  by  order  of  any  college, 
academy,  school,  or  seminary  of  learning  in  the  United  States,  subject  to  such  regu- 
lations as  the  Secretary  of  the  Treasury  shall  prescribe. 

516.  Books  or  libraries,  or  parts  of  libraries,  and  other  household  effects  of  persons 
or  families  from  foreign  countries,  if  actually  used  abroad  by  them  not  less  than  one 
year,  and  not  intended  for  any  other  person  or  persons,  nor  for  sale.     (51st  Congress, 
1st  session,  chap.  1244:  26  Statutes  at  Large,  p.  604.) 

2  The  section  previous  to  amendment  read  as  follows:  "Sec.  4956.  No  person  shall 
be  entitled  to  a  copyright  unless  he  shall,  before  publication,  deliver  at  the  office  of 
the  Librarian  of  Congress,  or  deposit  in  the  mail  addressed  to  the  Librarian  of  Con- 
gress, at  Washington,  District  of  Columbia,  a  printed  copy  of  the  title  of  the' book 
or  other  article,  or  a  description  of  the  painting,  drawing,  chromo,  statue,  statuary, 
or  a  model  or  design  for  a  work  of  the  fine  arts,  for  which  he  desires  a  copyright;  nor 
unless  he  shall  also,  within  ten  days  from  the  publication  thereof,  deliver  at  the 
office  of  the  Librarian  of  Congress,  or  deposit  in  the  mail  addressed  to  the  Librarian 
of  Congress,  at  Washington,  District  of  Columbia,  two  copies  of  such  copyright  book 
or  other  article,  or,  in  case  of  a  painting,  drawing,  statue,  statuary,  model  or  design 
for  a  work  of  the  fine  arts,  a  photograph  of  the  same." 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       93 

the  case  may  be),  in  conformity  with  the  laws  of  the  United 
States  respecting  copyrights/   C.   D.,  Librarian  of  Con- 
gress.1'    And  he  shall  give  a  copy  of  the  title  or  descrip-    copy  of  n-roni. 
tion,  under  the  seal  of  the  Librarian  of  Congress,  to  the 
proprietor,  whenever  he  shall  require  it. 

SEC.  4958,  as  amended  by  act  of  March  3,  1891.  The 
Librarian  of  Congress  shall  receive  from  the  persons  to 
whom  the  services  designated  are   rendered  the  following 
fees:  1.  For  recording  the  title  or  description  of  any  cop}^-    Fee  for  m-ord- 
right  book  or  other  article,  fifty  cents.     2.  For  eveiy  copy  ^f^for  copy  of 
under  seal  of  such  record  actually  given  to  the  person  record, 
claiming  the  copyright,  or  his    assigns,  fifty  cents.1     \3. 
For  recording  and  certifying  any  instrument  of  writing  for  inga^n'me'nt.1" 
the  assignment  of  a  copyright,  one  dollar.     4-  For  every    Fee  f«,r «)].>- of 

.  ./  j.  y      y       '  .       •<  assignment. 

copy  of  an  assignment,  one  dot  tar.  \     All  fees  so  received 

shall  be  paid  into  the  Treasury  of  the  United  States:  Pro- 

i'i<led,   That  the  cJiarge  for  recording  the  title  or  description    Fee  for  foreign 

of  any  article  entered  for  copyright,  the  production  of  a  per- pr 

son  not  a  citizen  or  resident  of  the  United  States,  shall  be 

one  dollar,  to  he  paid  as  above  into  the  Treasury^  of  the,  United 

States,  to  defray  the^  expenses  of  lists  of  copyrighted  articles 

a*  hereinafter  provided  for. 

And  it  is  hereby  made  the  duty  of  the  Librarian  of  Con-  tiue  entries. 
gress  to  furnish  to  the  Secretary  of  the  Treasury  copies  <>f 
tlie  entries  of  titles  of  all  books  and  other  articles  wherein 
the  copyright  has  been  completed  by  the  deposit  of  two  copies 
of  sucri  book  printed  from  type  set  within  the  limits  oj  the 
United  States,  in  accordance  with  the  provisions  of  this  act, 
and  by  the  deposit  of  two  copies  of  such  other  article  made 
or  produced  in  the  Un  ited  States;  and  the  Secretary  of  the 
Treasury  is  hereby  directed  to  prepare  and  print,  at  inter- 
vals of  not  more  than  a  week,  catalogues  of  such  title  entries 
for  distribution  to  the  collectors  of  customs  of  the  United 
States  and  to  the  postmasters  of  all  post-offices  receiving  for- 
eign, mails,  and  such  weekly  lists,  as  they  are  issued,  shall  be 
furnished  to  all  parties  desiring  them,  at  a  sum  not  exceed-  "^ '" '"' 


wgfive  dollars  per  annum;  n  and  the  Secretary  and  the  Post-  T  jjJUJJJJ^  .m°j 
master- General  are  hereby  empowered  and  required  to  make  Postnmster-cen- 

7  /»  7  7  7  7        /    •  7         77  til         ^»»»*»1      +"       .,»^.»-, .»-, «- 

czmt  enforce  such  rides  and  regulations  as  shall  prevent  the 
importation  into  the  United  States,  ea'cept  upon  the  condi- 
tions above  specified,  of  all  articles  prohibited  by  this  act. 

SEC.  4959,  as  amended  by  act  of  March  3,  1891. 
proprietor  of  every  copyright  book  or  other  article  shall  tion. 
deliver  at  the  office  of  the  Librarian  of  Congress,  or  deposit 
in  the  mail,  addressed  to  the  Librarian  of  Congress,  at 

1  The  clauses  in  section  4958  inclosed  within  brackets  are  made  to  accord  with  sec- 
tion 2  of  the  amendatory  act  of  June  18,  1874,  which  reads  as  follows:  "That  for 
recording  and  certifying  any  instrument  of  writing  for  the  assignment  of  a  copyright 
the  Librarian  of  Congress  shall  receive  from  the  persons  to  whom  the  service  is  ren- 
dered, one  dollar;  and  for  every  copy  of  an  assignment,  one  dollar;  said  fee  to  cover, 
in  either  case,  a  certificate  of  the  record,  under  seal  of  the  Librarian  of  Congress;  and 
all  fees  so  received  shall  be  paid  into  the  Treasury  of  the  United  States."     (43d  Con- 
gress, 1st  session,  chap.  301:  18  Statutes  at  Large,  pp.  78-79.) 

2  The  subscription  of  $5  the  year  must  be  made  to  the  nearest  collector  of  customs. 


94       INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES. 

Washington,  District  of  Columbia  [.. , *],  a  copy  of 

ofNiwJigndbooks  eveiT  subsequent  edition  wherein  any  substantial  changes 
may  be  copy-  shall  be  made:  Provided,  however,  That  the  alteration*, 
revisions,  and  addition*  made  to  book*  by  foreign  authors, 
heretofore  published,  of  which  neiv  editions  shall  appear 
subsequently  to  the  tcuemg  Affect  of  this  act,  shall  be  1<'1<1 
and  deemed  capable  of  being  copyrighted  as  above  provided 
for  t/i  tli  IN  <ict.  null-**  they  form  «  jxirt  of  tin-  .xvr/V*  ///  <-<nn-xi- 
of  publication  at  the  time  this  act  shall  take  effect. 
pU"  d' "  ^EC.  ^60'  For  every  failure  on  the  part  of  the  propri- 
etor of  any  copyright  to  deliver,  or  deposit  in  the  mail, 
either  of  the  published  copies,  or  description,  or  photo- 
graph, required  by  sections  -1956  and  4959,  the  proprietor 
of  the  copyright  shall  be  liable  to  a  penalty  of  twenty -five 
dollars,  to  be  recovered  by  the  Librarian  of  Congress,  in 
the  name  of  the  United  States;  in  an  action  in  the  nature 
of  an  action  of  debt,  in  any  district  court  of  the  United 
States  within  the  jurisdiction  of  which  the  delinquent  may 
reside  or  be  found. 

Deposit    of      Tlte  following  act  in  relation  to  the  deposit  of 
March  1^1893.  °  was  approved  March.  3, 1893:  "  That  any  author, 

designer,^  or  proprietor  of  any  book,  or  other  article  entitled 
to  copyright,  who  has  heretofore  failed  to  deliver  in  the  office 
of  the  Librarian  of  Congress,  or  in  the  mail  addressed  to 
the  Librarian  of  Congress,  two  complete  copies  of  such 
book,  or  description  or  photograph  of  such  article,  within 
the  time  limited  by  title  sixty,  chapter  three,  of  the  Revised 
Statutes  relating  to  copyrights,  and  the  acts  in  amendment 
thereof,  and  has  complied  with  all  other  provisions  thereof, 
who  has,  before  thejirst  day  of  March,,  anno  Domini  eight- 
een hundred  and  ninety-three,  delivered  at  the  office  of  the 
Librarian  of  Congress,  or  deposited  in  the  mail  addressed 
to  the  Librarian  of  Congress  two  complete  printed  copies  of 
such  book,  or  description  w  photograph  of  such  article, 
shall  be  entitled  to  all  the  rights  and  privileges  of  said  title 
x'-i'ty,  chapter  three,  of  the  Revised  Statutes  and  the  acts  in 
amendment  thereof" 
postmaster  gEC  4961.  The  postmaster  to  whom  such  copvright 

snail  give  a   re-,         ,      J..1  ,.    ,      .      j    •,.  •,       ,     •.-,     ...  °j 

ceipt,  if    re-  book,  title,  or  other  article  is  delivered,  shall,  it  requested, 
quested.  ^|ye  a  recejpt  therefor ;  and  when  so  delivered  he  shall 

mail  it  to  its  destination. 

Notice  of  copy-  gEa  4962.  No  person  shall  maintain  an  action  for  the 
infringement  of  his  copyright  unless  he  shall  give  notice 
thereof  by  inserting  in  the  several  copies  of  every  edition 
published,  on  the  title-page,  or  the  page  immediately  fol- 
lowing, if  it  be  a  book;  or  if  a  map,  chart,  musical  com- 
position, print,  cut,  engraving,  photograph,  painting,  draw- 
ing, chromo,  statue,  statuary,  or  model  or  design  intended 

JThe  former  language  of  this  paragraph  was  as  follows:  "Sec.  4959.  The  pro- 
prietor of  every  copyright  book  or  other  article  shall  deliver  at  the  office  of  the 
Librarian  of  Congress,  or  deposit  in  the  mail,  addressed  to  the  Librarian  of  Congress, 
at  Washington,  District  of  Columbia,  within  ten  days  after  its  publication,  two  com- 
plete printed  copies  thereof,  of  the  best  edition  issued,  or  description  or  photograph 
of  such  article  as  hereinbefore  required,  and  a  copy  of  every  subsequent  edition 
wherein  any  substantial  changes  shall  be  made." 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       95 

to  be  perfected  and  completed  as  a  work  of  the  tine  arts, 
by  inscribing  upon  some  visible  portion  thereof,  or  of  the 
substance  on  which  the  same  shall  be  mounted,  the  follow- 
ing words,  viz:  ''Entered  according  to  act  of  Congress, 
in  the  year  -  — ,  by  A.  B.,  in  the  office  of  the  Librarian 
of  Congress,  at  Washington;'1  or,  at  his  option,  the  word 
"  Copyright,"  together  with  the  3'ear  the  copyright  was 
entered,  and  the  name  of  the  partv  l>v  whom  it  was  taken 
out.  thus:  "Copyright,  18—,  by  A.  B/' 

That  manufacturers  of  designs  for  molded  decorative    Notice  of  copy- 
articles,  tiles,  plaques,  or  articles  of  pottery  or  metal  Bttb-8ve  article^01 
ject  to  copyright  may  put  the  copyright  mark  prescribed 
by  section  forty-nine  hundred  and  sixty-two  of  the  Revised 
Statutes,  and  acts  additional  thereto,  upon  the  back  or  bot- 
tom of  such  articles,  or  in  such  other  place  upon  them  as 
it  has  heretofore  been  usual  for  manufacturers  of  such 
articles  to  employ  for  the  placing  of  manufacturers,  mer- 
chants, and  trade-marks  thereon. 

SEC.  4963,  as  amended  bv  acts  of  March  3,  1891,  and    False  duim  of 

-M         i     o         .,>-       77-  "  i         7     77    •  •  copyright     (pen- 

Marcn  3,  189*.    Every  person  who  shall  mxt-rt  (rr  impress&itytoT). 

Xllrlt    notice.    <>!'   ll'OI'll*  (if   tin    Xl/llte    j >U I'j >< U'l .    Ill     or    Upon    a, it/ 

book,  ni/iji.  <-liart.  dramatic  or  mnxical  composition^ print, 
cut.  engraving  or  photograph*  or  other  article,  whether 
XKC/I  art  !<•/<  l>, subject  to  copyright  or  otherwise,  for  ndiieb 
lit-  I, ax  not  obtained  a  copyright,  or  xhall  knowmgly  i**", 
or  K,-ll  an  a  article  bearing  ft  notice  of  a  United  States  copy- 
rigid  icliicli  Iia*  not  been  copyrighted  in  tlii*  country;  or 
x/tal!  import  ant/  look,  jtJiotograpli,  c/iromo,  or  I  itliograjdi 
or  other  article  bearing  such  not^ceof  copy rnj lit  or  n'onfxof 
t](,  ifiitni- p>tfj>ort.  ir/itdi  /.s-  not  copyrighted  in  tliix  roimtri/. 

}><•  liable  to  a  penalty  of  out-  'finndred  dollars^  recover-  PeniUt>-,«ioo.oo. 

l,  mi,'-/i(ilffi>r  the  ]><  rxon  ti'lio  x/Ki/f  xii<  fur  XIH-/I  pr/nfff;/ 
nne-lmlf  to  tlie  use  of  the  United  Statr*;  <m</  fin 
importation  into  tin-  United  States  of  any  book.  cJiromo. 
lithograph,  or  photograph,  or  other  article  l<-<t /•/'//</  xiic/t 
not'n-f  of  copyright,  i/'ln-n  th<-r<-  i*  no  existing  copyright 
tin  r«>n  in  the  United  States,  is  prohibited;  and  the  circuit 
court*  of  fin  rniird  St,it,x  xitting  in  equity  are  hereby 
authorized  to  enjoin  tin-  truing.  pubUshtng,  oi*  selling  of 
a  i,  if  article  marked  or  imported  in  isolation  of  the  t 'nited 
State,*  copyright  laws,  at  the  suit  of  any  person  complain 
•ing  of  such  riolation:  Provided,  That  this  act  shall  not 
"j'pli/  to  anij  importation  of  or  Wr  of  such  goods  or  arti- 
cteK  brought  into  the  United  States  prior  to  tl«  jxixxage 
//'  re  of.1 

SEC.  4964,  as  amended  by  act  of  March  3,  1891.  Every  Jgjj^'0*^ 
p<  r*on  who,  after  the  recording  of  the  title  of  any  hook  o^abook  without 
the  depositing  of  tir<>  conie*  of  xnch  hook  as  provided  by  this  Edbited.on 

1  The  text  of  section  4963  is  that  of  the  amendatory  act  of  March  3,  1897  (54th 
Congress,  2d  session,  chap.  392:  29  Statutes  at  Large,  pp.  694-695),  section  2  of 
which  provides  "That  all  laws  and  parts  of  laws  inconsistent  with  the  foregoing  pro- 
vision be,  and  the  same  are  hereby,  repealed."  The  original  wording  of  section 
4963,  as  amended  by  the  act  of  March  3,  1891,  was  as  follows:  "Every  person  who 
shall  insert  or  impress  such  notice,  or  words  of  the  same  purport,  in  or  upon  any 
book,  map,  chart,  dramatic  or  musical  composition,  print,  cut,  engraving,  or  photo- 


96       INTERNATIONAL    COPYRIGHT   LAW    IN   THE    UNITED    STATES. 

act,  shall,  contrary  to  the  provisions  of  thix  act,  within  the 
term  limited,  and  without  the  consent  of  the  proprietor  of 
the  copyright  first  obtained  in  writing,  signed  in  presence 
of  two  or  more  witnesses,  print,  publish,  dramatize,  trans- 
late, or  import,  or.  knmving  the  same  to  he  so  printed,  pub- 
lished, dramatized,  translated,  or  imported,  shall  sell  or 
expose  to  sale  any  copy  <>f  *ncli  book,  xhall  forfeit  every 
copy  thereof  to  such  proprietor,  and  shall  also  forfeit  <tnd 
pay  such  damages  a*  may  he  recovered  in  a  cifil  action  by 
such  proprietor  in  imi/  court  of  competent  jurisdiction.1 

mS^ffirt,  d«:  SEC-  4965'  as  amended  by  acts  of  March  3,  1891,  and 
ma  tic  or  musical  March  2,  1895.  If  any  person,  after  the  recording  of  the 
artworkwithout ^'^  °f  any  niap,  chart,  dramatic  or  musical  composition, 
hibkecf10"  pro~^'^j  ^?  engraving,  or  photograph,  or  chromo,  or  of  the 
description  of  any  painting,  drawing,  st«hi, ,  xfnfiiary,  or 
model  or  design  intended  to  he  perfected  and  executed  as  a 
work  of  the  fine  arts,  as  provided  hy  this  act,  shall,  within 
the  term  limited,  contrary  to  the  provision*  of  this  act,  and 
without  the  consent  of  the  proprietor  of  the  copyright  fir*t 
obtained  in  writing,  signed  in  presence  of  two  or  more  wit- 
nesses, engrave,  etch,  work,  copy,  print,  publish,  dramatize, 
translate,  or  import,  either  in  whole  or  ^n  part,  or  hy  vary- 
ing the  main  design,  with  intent  to  evade  the  law,  or,  know- 
ing the  same  to  he  so  printed,  published,  dramatized, 
translated,  or  imported,  shall  sell  or  expose  to  sale  any  copy 
of  such  map  or  other  article,  as  aforesaid,  he  shall  forfeit 
to  the  proprietor  all  the  plates  on  which  the  same  shall  he 
copied,  and  every  sheet  thereof,  either  copied  or  printed ,  am! 
shall  further  forfeit  one  dollar  for  every  sheet  of  the  same 
found  in  his  possession,  either  printing,  printed,  copied, 
published,  impoi^ted,  or  exposed  for  sale;  and  in  case  of  a 
painting,  statue,  or  statuary,  he  shall  forfeit  ten  dollars  for 

/..T'  •          7-  •  Z  Z'  1J 

every  copy  of  the  same  ^n  his  possession,  or  by  htm  sold  or 

Penalty  for  in-  exposed  for  sale:  Provided,  however,  That  in  case  of  am/ 
mngement      w     •*»    •    _X  «  j^^i  •    i  j     j?  z    _<  t          > 

copyright  of  pho-s^cA  ^nfr^ngement  of  the  copyright  of  a  photograph  made 

from  any  object  not  a  work  of  fine  arts,  the  sum  to  he  recov- 
ered in  any  action  brought  under  the  provisions  of  tl>  /* 
section  shall  he  not  less  than  one  hundred  dollars,  nor  more 
fringe  ment°r  ^f  ^an  five  thousand  dollar*,  and:  Provided,  further,   That 
copyright  of  am  case  of  any  such  infringement  of  the  copyright  of  a 
WOT  °          n* painting,  drawing,  statue,  engraving,  etching,  print,  or 
model  or  design  for  a  work  of  thefin-e  arts,  or  of  a  photo- 
graph of  a  wo'rk  of  the  fine  arts,  the  sum  to  he  recovered  in 
any  action  brought  through  tin-  provisions  of  this  section 
shall  be  not  less  than  two  hundred  and  fifty  dollars,  and  not 
more  than  ten  thousand  dollars.      One-lialf  of  all  the  fore- 
going penalties  shall  go  to  the  proprietors  of  the  copyright 
and  the  other  half  to  the  use  of  the  United  States.2 

graph,  or  other  article,  for  which  he  has  not  obtained  a  copyright,  shall  be  liable  to 
a  penalty  of  one  hundred  dollars,  recoverable  one-half  for  the  person  who  shall  sue 
for  such  penalty,  and  one- half  to  the  use  of  the  United  States." 

1  For  forfeiture  in  case  of  illegal  importation,  see  Revised  Statutes,  section  3082. 

2  The  text  given  of  section  4965  is  that  of  the  amendatory  act  of  March  2,  1895 
(53d  Congress,  3d  session,  chap.  194:  28  Statutes  at  Large,  p.  965).     The  original 


INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES.       97 


SEC.  4966,  as  amended  by  act  of  January  6,  1897.  ^^pJSing  f  °ol 
person  -publicly  performing  or  representing  any  dramatic  representing 

•f  •      7  -j.-          JF  i  -i  •    1  j    I         7.         dramatic  or  mu- 

or  musical  composition  for  which,  a  copyright  has  oeensic&\     composi- 

obtained,  without  the  consent  of  the  proprietor  of  said  dra-  tjon  without  con- 

matic  or  musical  composition,  or  his  heirs  or  assigns,  shall 

be  liable  for  damages  therefor,  such  damages  in  all  coxes  to 

be  assessed  at  such  sum,  not  less  than  one  hundred  dollars 

for  the  first  and  fifty  dollars  for  every  subsequent  perform- 

ance, as  to  the  court  shall  appear  to  be  just.     If  the  unlaw- 

ful performance  and  representation  be  willful  and  f  br  profit, 

suck  person  or  persons  shall  be  guilty  of  a  misdemeanor  and 

upon,  conviction  be  imprisoned  for  a  period  not  exceeding 

one  year.     Any  injunction  that  way  be  granted  upon  hear-    injunction. 

ing  after  notice  to  the  defendant  by  any  circuit  court  in  the 

Imited  States,  orbyajudge  thereof,  restraining  and  enjoin- 

ing the  performance  or  representation  of  any  such  dramatic 

or  musical  composition  may  be  served  on  the  parties  against 

whom  such  injunction  may  be  granted  anywhere  in  the 

United  States,  and  shall  be  operative  and  may  be  enforced 

by  proceedings  to  punish  for  contempt  or  otherwise  b>/  any 

other  circuit  court  or  judge  in  the  United  States:  but  the  .suit  for  injunc- 

defendants  in  said  action,  or  any  or  either  of  them,  mayiwn' 

make  a  motion  in  any  other  circuit  in  which  he  or  they  may 

be  engaged  in  performing^  or  representing  said  dramatic  or 

musical  composition  to  dissolve  or  set  aside  the  said  injunc- 

tion upon  such  reasonable  notice  to  the  plaintiff  as  the  circuit 

court  or  thejudgebeforewhonisaidmotion  shall  be  made  shall 

deem  proper  j  service  of  said  motion  to  be  made  on  the  plain- 

tiff in  person  or  on  his  attorneys  in  the  action.     The  circuit 

courts  or  judges  thereof  shall  have  jurisdiction,  to  enforce 

said  injunction  and  to  hear  and  determine  a  motion  to  dis- 

solve the  same,  as  herein  provided,  as  fully  as  if  the  actwn 

were  pending  or  brought  in  the  circuit  in  which  said  motion 

is  made. 

The  clerk  of  the  court,  or  judge  granting  the  injunction,  of^earp|£s.d  copy 
shall,  when  required  so  to  do  by  the  court  hearing  the  appli- 
cation to  dissolve  or  enforce  said  injunction,  transmit  with- 
out delay  to  said  court  a  certified  copy  of  all  the  papers  on 

text  of  section  4965  reads  as  follows:  "If  any  person,  after  the  recording  of  the  title 
of  any  map,  chart,  musical  composition,  print,  cut,  engraving,  or  photograph,  or 
chromo,  or  of  the  description  of  any  painting,  drawing,  statue,  statuary,  or  model 
or  design  intended  to  be  perfected  and  executed  as  a  work  of  the  fine  arts  as  pro- 
vided by  this  chapter,  shall,  within  the  term  limited,  and  without  the  consent  of  the 
proprietor  of  the  copyright  first  obtained  in  writing,  signed  in  presence  of  two  or 
more  witnesses,  engrave,  etch,  work,  copy,  print,  publish,  or  import,  either  in  whole 
or  in  part,  or  by  varying  the  main  design  with  intent  to  evade  the  law,  or,  knowing 
the  same  to  be  so  printed,  published,  or  imported,  shall  sell  or  expose  to  sale  any 
copy  of  such  map  or  other  article,  as  aforesaid,  he  shall  forfeit  to  the  proprietor  all 
the  plates  on  which  the  same  shall  be  copied,  and  every  sheet  thereof,  either  copied 
or  printed,  and  shall  further  forfeit  one  dollar  for  every  sheet  of  the  same  found  hi 
his  possession,  either  printing,  printed,  copied,  published,  imported,  or  exposed  for 
sale;  and  in  case  of  a  painting,  statue,  or  statuary,  he  shall  forfeit  ten  dollars  for 
every  copy  of  the  same  in  his  possession,  or  by  him  sold  or  exposed  for  sale;  one-half 
thereof  to  the  proprietor  and  the  other  half  to  the  use  of  the  United  States." 

S.  Doc.  87  -  7 


98       INTERNATIONAL    COPYRIGHT    LAW    IN   THE    UNITED    STATES. 

which  the  said  injunction  was  granted  that  are  on  Hie  in 

T   '          /y         i  " 

fits  office. 
Penalty  for     SEC.  4967,  as  amended  by  act  of  March  3,  1891.  Every 

printing  MS.  1111          -^  1.1  •   i  •     . 

withoutconsent.  person  who  shall  print  or  publish  any  manuscript  what- 
ever, without  the  consent  of  the  author  or  proprietor  first 
obtained  [  --------  2]    shall  be  liable  to  the  author  or  pro 

prietor  for  all  damages  occasioned  by  such  injury. 
beNmatat>aiSned     ^E9*  4#68.  No  action  shall  be  maintained  in  any  case  of 
after  two  years,  forfeiture  or  penalty  under  the  copyright  laws,  unless  the 
same  is  commenced  within  two  years  after  the  cause  of 
action  has  arisen. 


ma  e  f  lead  athe     ^EC-  ^969.  In  all  actions  arising  under  the  laws  respect- 
general  issue,     ing  copyrights  the  defendant  may  plead  the  general  issue, 

and  give  the  special  matter  in  evidence. 

trSrcSrtedmav     ^EC.  4970.  The  circuit  courts,  and  district  courts  having 
grant  in  junc-  the  jurisdiction  of  circuit  courts,  shall  have  power,  upon 
bill  in  equit}r,  filed  by  &ny  party  aggrieved,  to  grant  in- 
junctions to  prevent  the  violation  of  any  right  secured  by 
the  laws  respecting  copyrights,  according  to  the  course 
and  principles  of  courts  of  equity,  on  such  terms  as  the 
court  may  deem  reasonable. 
SEC.  4971.  [  ________  3] 

courS^copy-     [Revised  Statutes,  title  13,  THE  JUDICIARY,  provides  as 

right  cases.     "  follows:  Chap.  7  (sec.  629).     The  circuit  courts  shall  have 

original  jurisdiction  as  follows:    .....  ___   Ninth.  Of  all 

suits  at  law  or  in  equity  arising  under  the  patent  or  copy- 
right laws  of  the  United  States.     (Rev.  Stat.,  1878,  pp. 
110,  111.)     Chap.  11  (sec.  699).     A  writ  of  error  may  be 
allowed  to  review  any  final  judgment  at  law,  and  an  appeal 
shall  be  allowed  from  any  final  decree  in  equity  hereinaf- 
ter mentioned,  without  regard  to  the  sum  or  value  in  dis- 
pute: First.  Any  final  judgment  at  law  or  final  decree  in 
equity  of  any  circuit  court,  or  of  any  district  court  acting 
as  a  circuit  court,  or  of  the  supreme  court  of  the  District  of 
Columbia,  or  of  any  Territory,  in  any  case  touching  pat- 
ent rights  or  copyrights.    (Rev.  Stat.,  1878,  p.  130.)    Chap. 
12  (sec.  711).    The  jurisdiction  vested  in  the  courts  of  the 
United  States  in  the  cases  and  proceedings  hereinafter 
mentioned,  shall  be  exclusive  of  the  courts  of  the  several 
States:  ____  ____     Fifth.  Of  all  cases  arising  under  the 

patent-right  or  copyright  laws  of  the  United  States.    (Rev. 
Stat.,  1878,  pp.  134,  135.)     Chap.  18  (sec.  972).     In  all  re- 

1  The  text  of  section  4966  is  that  of  the  amendatory  act  approved  January  6,  1897, 
(54th  Congress,  2d  session,  chap.  4:  29  Statutes  at  Large,  pp.  481-482)  .     The  original 
text  of  section  4966  reads  as  follows:  "Any  person  publicly  performing  or  represent- 
ing any  dramatic  composition  for  which  a  copyright  has  been  obtained,  without  the 
consent  of  the  proprietor  thereof,  or  his  heirs  or  assigns,  shall  be  liable  for  damages 
therefor;  such  damages  in  all  cases  to  be  assessed  at  such  sum,  not  less  than  one  hun- 
dred dollars  for  the  first  and  fifty  dollars  for  every  subsequent  performance,  as  to 
the  court  shall  appear  to  be  just." 

2  The  parenthetical  clause  "if  such  author  or  proprietor  is  a  citizen  of  the  United 
States,  or  resident  therein,"  is-stricken  out  by  the  act  of  March  3,  1891. 

'Section  4971  of  the  Revised  Statutes,  repealed  by  the  act  of  March  3,  1891,  reads 
as  follows:  "Nothing  in  this  chapter  shall  be  construed  to  prohibit  the  printing, 
publishing,  importation,  or  sale  of  any  book,  map,  chart,  dramatic  or  musical  com- 
position, print,  cut,  engraving,  or  photograph,  written,  composed,  or  made  by  any 
person  not  a  citizen  of  the  United  States  nor  resident  therein." 


INTERNATIONAL    COPYRIGHT    LAW    IN    THE    UNITED    STATES.       99 

coveries  under  the  copyright  laws,  either  for  damages, 
forfeiture,  or  penalties,  full  costs  shall  be  allowed  thereon. 
(Rev.  Stat.,  1878,  p.  183.)] 

The  act  approved  March   3,  1891,  in  addition  to  t 
amendments,  noted  above,  of  sections  4952,  4954,  4956,  provisions. 
4958,  4959,  4963,  4964,  4965,  and  4967,  provides  further  as 
follows: 

"That  for  the  purpose  of  this  act  each  volume  of  ».*« 
in  two  or  more  volumes,  when  such  volumes  are  published  entry. 
separately,  and  the  first  one  shall  not  have  been  issued  before 
this  act  shall  take  effect,  and  each  number  0/  a  periodical 
shall  be  considered  an  independent  publication,  subject  to 
tJieform  of  copyrighting  as  above"     (Sec.  11.) 

"That  this  act  shall  go  into  effect  on  the  first  day  of  July, 
anno  Domini  eighteen  hundred  and  ninety -one"    (Sec.  12.) 

"That  this  act  shall  only  apply  to  a  citizen  or  subject 
a  foreign  state  or  nation  when  such  foreign  state  or  nation  3,  i89i,  apply  to 

•>        .  y  ...  />   ,  T      TT    •  i    7    cij    i          ^>     A  •        -L  z    foreigners. 

permits  to  citizens  of  the  United  states  oj  America  the 
benefit  of  copyright  on  substantially  the  same  basis  as  its 
own  citizens  j  or  when  such  foreign  state  or  nation  is  a  party 
to  an  international  agreernent  which  provides  for  reciprocity 
in  the  granting  of  copyright,  by  the  terms  of  which  agree- 
ment tJw  United  States  of  America  may  at  its  pleasure 
become  a  party  to  such  agreement.  The  existence  of  either  of 
the  conditions  aforesaid  shall  be  determined  by  the  President 
of  the  United  States,  by  proclamation  made  from  time  to 
time  as  the  purposes  of  this  act  may  require"  (Sec.  13.  )* 

[An  Act  providing  for  the  public  printing  and  binding  publications 
and   the  distribution  of  public  documents  (January  12,  shaiinotbecopy- 
1895,53d  Congress,  3d  session,  chap.  23,  sec.  52:.  28  Stat-1 
utes  at  Large,  p.  608)  provides  as  follows:  The  Public 
Printer  shall  sell,  under  such  regulations  as  the  Joint  Com- 
mittee on  Printing  may  prescribe,  to  any  person  or  persons 
who  may  apply  additional  or  duplicate  stereotype  or  electro- 
type plates  from  which  any    (jfovernment  publication  is 
printed,  at  a  price  not  to  exceed  the  cost  of  composition,  the 
metal  and  making  to  the   Govwnment  and ' ten  per  centum 
added:  Provided,  That  the  full  amount  of  the  price  shall 
be  paid  when  the  order  is  filed:  And  provided  further, 
That  no  publication  reprinted  from  such  stereotype  or  elec- 
trotype plates  and  no  other   Government  publication  shall 
be  copyrighted.^ 

xThe  United  States  have  established  copyright  relations  with  the  following  coun- 
tries, on  the  dates  indicated: 

July  1, 1891 — Belgium,  France,  Great  Britain  and  her  possessions,  and  Switzerland. 
•(  Statutes  at  Large,  vol.  27,  pp.  981, 982. ) 

April  15, 1892— Germany.     (Statutes  at  Large,  vol.  27,  pp.  1021, 1022. ) 

October  31, 1892— Italy.     (Statutes  at  Large,  vol.  27,  p.  1043. ) 

May  8, 1893— Denmark.     (Statutes  at  Large,  vol.  28,  p.  1219. ) 

July  20, 1893— Portugal.      (Statutes  at  Large,  vol.  28,  p.  1222. ) 

July  10, 1895— Spain.     (Statutes  at  Large,  vol.  29,  p.  871 .) 

February  27, 1896— Mexico.     (Statutes  at  Large,  vol.  29,  p.  877. ) 

May  25, 1896— Chile.     (Statutes  at  Large,  vol.  29,  p.  880.) 

Oct.  19, 1899— Costa  Rica. 

Nov.  20, 1899 — Netherlands  (Holland)  and  possessions. 

o 


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